Central Information Commission
Sudipta Acharjee vs Ministry Of Human Resource Development on 12 April, 2021
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/MOHRD/C/2019/644777
Sudipta Acharjee ....िशकायतकता /Complainant
VERSUS
बनाम
CPIO,
National Testing Agency, RTI
Cell, IITK Outreach Centre, C-20, 1A/8,
C-Block, Phase 2, Industrial Area, Sector - 62,
Noida - 201309. .... ितवादीगण /Respondent
Date of Hearing : 12/04/2021
Date of Decision : 12/04/2021
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 27/01/2019
CPIO replied on : 06/02/2019
First appeal filed on : 21/02/2019
First Appellate Authority order : March 2019
2nd Appeal/Complaint dated : NIL
1
Information soughtand background of the case:
The Complainant filed an online RTI application dated 27.01.2019 seeking the following information regarding the result of UGC NET 2018 conducted on 05.01.2019:
1. "Provide the certified copies of policy document, minutes of meeting of that policy that has been adopted to declare the result of UGC NET December 2018.
2. The number of candidates in Computer Science and Application subject having code 087 in UGC NET 2018 examination who has secured 40 percentage aggregate marks in both the papers taken together for UR category for Computer Science and Application subject in UGC NET December 2018 Examination.
3. The exact number of 6 percentages of those candidates.
4. Provide the percentage marks of all those candidates with name and roll number in both the papers taken together for UR category for Computer Science and Application subject in UGC NET December 2018 Examination in sequence as per query no 2."
The CPIO replied to the Complainant on 06.02.2019 stating as follows:-
Reply :-" The subject matter of your RTI request is pertain to the National Testing Agency (NTA) you are therefore, requested to approach the NTA for the same. Besides this, it is also to inform you that the name of NTA is not yet mapped on the Online RTI Portal, therefore, your RTI application could not be electronically transferred to PIO, NTA."
Being dissatisfied, the Complainant filed a First Appeal dated 21.02.2019. FAA's order dated March 2019 stated that the queries raised by Complainant pertain to National Testing Agency (NTA). Therefore, Complainant's RTI application and appeal are being transferred to the concerned Public Authority viz National Testing Agency (NTA), IITK outreach Centre, C-20 IA/8, C Block, Phase-2 Industrial Area, Sector -62, Noida-201309 (UP) to provide the requisite information directly to the Complainant as per the provision of RTI Act, 2005.
Feeling aggrieved and dissatisfied, Complainantapproached the Commission with the instant complaint.2
Relevant Facts emerging during Hearing:
The following were present:-
Complainant: Present through audio conference. Respondent: B K Saha, Joint Director & CPIO present through audio conference.
The Complainant stated that he has not received any reply to his RTI Application from the Respondent office till date.
The CPIO submitted that a point-wise reply was provided to the RTI Application vide their letter dated 31.07.2019, wherein available information on point no.2 & 3 of the RTI Application was provided, while the information on points no.1 & 4 of the RTI Application was denied to the Complainant under Section 8(1)(j) & (e) of the RTI Act.
The Complainant denied to have received any such reply of 31.07.2019.
The CPIO agreed to resend the averred reply to the Complainant and at the behest of the Commission, also agreed to now provide the available information for point no.1 of the RTI Application.
Decision The Commission takes grave exception to the delay caused by the CPIO in replying to the instant RTI Application and severely warns him to remain careful in future. Further, a bare perusal of the information sought for at point no.1 of the RTI Application suggests that the denial of information under Section 8(1)(j) & (e) of the RTI Act is without any application of mind of the CPIO as the Complainant merely sought for policy document and related minutes of meeting. Similarly, the CPIO has not provided any specific reply to point no.3 of the RTI Application. As for the denial of the information at point no.4 of the RTI Application under Section 8(1)(j) & (e) of the RTI Act is concerned, the same is appropriate with regard to the names and roll numbers of the third parties but the percentage of marks can be severed and provided to the Complainant in keeping with the letter and spirit of the RTI Act.
Having observed as above, now considering the relief sought for in the matter, the case is being treated as a Second Appeal.
3The CPIO is hereby directed to resend a copy of the reply dated 31.07.2019 to the Complainant and also provide a revised reply to the RTI Application incorporating the available information for point no.1 & 3 therein and for point no.4, the percentage scored by the candidates after redacting their names and roll numbers from the relevant records shall be provided. The exempted category of information as per Section 8(1)(j) of the RTI Act shall be redacted in consonance with the provisions of Section 10 of the RTI Act. The said information should be provided free of cost to the Complainant within 15 days from the date of receipt of this order through speed/registered post under due intimation to the Commission.
The complaint is disposed of accordingly.
Saroj Punhani (सरोज पुनहािन) हािन) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 4