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[Cites 3, Cited by 0]

Central Information Commission

Vinit Kumar vs Department Of Posts on 13 June, 2024

                                        के न्द्रीय सूचना आयोग
                                Central Information Commission
                                     बाबा गंगनाथ मागग,मुननरका
                                 Baba Gangnath Marg, Munirka
                                   नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/NTAGN/A/2023/103898

 Zodpe Sindhu Vishwambhar                                          ... अपीलकताग/Appellant

                                         VERSUS
                                          बनाम
 CPIO:
 National Testing Agency,                                       ...प्रनतवािीगण/Respondents
 New Delhi

Relevant dates emerging from the appeal:

 RTI : 27.09.2022                  FA    : 04.11.2022              SA     : 22.12.2022

 CPIO : Not on record              FAO : Not on record             Hearing : 10.06.2024


Date of Decision: 12.06.2024
                                           CORAM:
                                     Hon'ble Commissioner
                                   _ANANDI RAMALINGAM
                                          ORDER

1. The Appellant filed an RTI application dated 27.09.2022 seeking information on the following points:

(i) I need how many candidates qualify December NET 2020 and June 2021, Certified Photocopy.
(ii) I need to know which criteria NFSC. In the above same year.
(iii) I need to know which cut off/percentile NFSC. In the above same year.
(iv) I need to know which cut off/percentile close NFSC.
(v) This are all documents photocopy you provide me certified copy.
Page 1 of 5

2. Aggrieved with the non-receipt of any reply from the CPIO, the Appellant filed a First Appeal on 04.11.2022. FAA's order, if any, is not available on record.

3. Aggrieved with the non-receipt of FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 22.12.2022.

4. The appellant remained absent during the hearing despite notice and on behalf of the respondent Mr. Ashok Kumar, CPIO and Ms. Sanjeeta, Consultant, attended the hearing in person.

5. When enquired by the Commission regarding a reply to the RTI application, the respondent submitted that the information sought had been provided to the appellant but copy of their reply was not traceable in their office record and apologised for the same. However, upon receipt of the hearing notice of the Commission, again a point-wise response has been provided to the appellant vide letter dated 27.05.2024. She stated that a court case is also pending before hon'ble court. A relevant para of the written submission of the respondent is reproduced as under:-

"(2) In the above context, it is submitted that information with respect to the RTI Request had been sent to the applicant but the office could not trace the same.

Keeping in view this fact the same has been sent to him again (Copy is attached as Annexure-1). Further, the desired information petition was disposed off in the First Appeal on 25.10.2023 (copy enclosed Annexure). (Copy is attached as Annexure-

2). The information sought by the Appellant vide his RTI Application dated 27.09.2022 and the Reply thereto, are as follows:

 S.No         Information sought               Reply

     1.       I need to how many candidate PRESS         RELEASE      dated    19.02.2022
              qualify UGC NET December regarding            NTA     Declares    UGC-NET

2020 & June 2001 (merged December 2020 & June 2021 Results is cycles), certified photocopy attached. List of qualified candidates for Page 2 of 5 NFSC is attached. The same is available on https://ugenet.nta nic in/archive/

2. I need to which criteria NFSC Eligibility Criteria of NFSC is attached.

in the above same year. The same is available on NET Bureau of UGC NET website https://www.ugc.gov.in/pdfnews/1944194 NFSC- -Notification 17-12-2020.pdf

3. I need to which cut off Cut off marks/ percentile of NFSC is percentile NFSC in the above attached. The same is available on NTA same year https://ugenet.nta.nic.in/archive/

4. I need to which cut off Referred point no. 3 Percentile close NFSC

5. This are all documents Referred point no. 3 Photocopy you provide me certified copy (3) After receipt of the reply from 1st Appellate Authority at NTA, the Appellant filed his Second Appeals u/s 19 of the RTI Act before the Hon'ble Central Information Commissions.

(4) Further, it is most respectfully submitted that:

(1) The UGC-NET December 2020 & June 2021 (merged cycles) was conducted by NTA in 3 Phases panning over 18 days at 837 centers in 239 cities across the country. Phase I was conducted between 20 November 2021 to 05 December 2021, Phase II between 24 December to 27 December 2021 and Phase III on 04 January and 05 January 2022. The Examination was conducted through Computer Based Test (CBT) mode for 81 Subjects in 35 shifts (including multiple shifts exams for Page 3 of 5 Political Science, Commerce, History, English and Education, the rescheduled papers and the re- examination paper).
(ii) UGC was implementing "National Fellowship for SC students" on behalf of Ministry of Social Justice and Empowerment. UGC was the nodal agency which administered the NF schemes. List of eligible candidates for award of NFSC was prepared by the UGC based upon the data provided by ΝΤΑ.
(iii) Since June 2020 onwards, NTA used to draw up the list of eligible candidates for award of NFSC, as per the norms/regulations/ guidelines of Ministry of Social Justice & Empowerment provided to NTA by the UGC.
(iv)Eligibility Criteria for selection of National Fellowship is attached as Annexure-
3.

(v) List of Candidates Qualified candidates for Award of 'National Fellowship for Scheduled Caste Students (NFSC)' (In Application Number Order) was declared on 19-02-2022/28-02-2022/16- 06-2022. Subject/Category-wise Cut Off was hosted on NTA website. Eligibility Criteria is already available on UGC website.

(vi) Information sought in this present RTI Application is already available in Public domain of the National Testing agency and NET Bureau of UGC at the time of filing RTI Application on 27.09.2022 and 1" Appeal on 04.11.2022.

(5) It is submitted that all efforts are being made to reply to the RTIs in specified time limit from time-to-time. However, at times due to increase of huge number of RTI Requests to which data/information is required to collate from the concerned/various sections, delay taken place. Moreover, NTA has highest regard for RTI Act, 2005 and from time-to-time hosted all relevant information in public domain to facilitate the candidates.

(6) In light of the above Submissions, the Hon'ble Commission may be pleased to dispose of the 2nd Appeal of the Appellant."

Page 4 of 5

6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observes that the RTI application was responded but copy of the same is not traceable in the office records and the respondent apologised for the same. However, upon receipt of the hearing notice of the Commission, again a point-wise response has been provided to the appellant vide letter dated 27.05.2024. Further, in the absence of the Appellant to plead his case or contest the CPIO's submissions, the Commission finds no scope of intervention in the matter. Further, the respondent is advised to strengthen their record keeping system to avoid such lapses in future. With this observation, the appeal is dismissed.

Copy of the decision be provided free of cost to the parties.

(Anandi Ramalingam) (आनंिी रामललंगम) Information Commissioner (सूचना आयुक्त) दिनांक/Date: 12.06.2024 Authenticated true copy Col S S Chhikara (Retd) कनगल एस एस निकारा, (ररटायर्ग) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:

1. CPIO (Under RTI Act) National Testing Agency, NSIC-MDBP Building, Okhla Industrial Estate, New Delhi-110020
2. Zodpe Sindhu Vishwambhar Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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