Central Information Commission
Madda Eswar Kumar vs University Grants Commission on 16 September, 2021
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/UGCOM/A/2020/106905
Madda Eswar Kumar ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
University Grants Commission,
RTI Cell, Bahadur Shah Zafar
Marg, New Delhi-110002. .... ितवादीगण /Respondent
Date of Hearing : 14/09/2021
Date of Decision : 14/09/2021
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 17/09/2019
CPIO replied on : 06/12/2019
First appeal filed on : 22/10/2019
First Appellate Authority's order : 06/01/2020
2nd Appeal/Complaint dated : 03/02/2020
1
Information sought:
The Appellant filed an RTI application dated 17.09.2019 seeking the following information:
1. "If Faculty did his (or) her Post Graduation in. M.Sc Biochemistry and Having Ph.D in Biochemistry, is he (or) she Eligible to Teach M.sc Biotechnology(Course Duration Time 2 Years) as Per UGC. Norms, State in Detail and Provide Certified Hard Copy?
2. If Faculty did his (or) her Post Graduation in M.Sc Microbiology and Having Ph.D in Microbiology, is he (or) she Eligible to Teach M.sc Biotechnology (Course Duration Time 2 Years) as Per UGC Norms, State in Detail and Provide Certified Hard Copy?
3. If Faculty did his (or) her Post Graduation in M.Sc Environmental Science and Having Ph.D in Environmental Science is he (or) she Eligible to Teach M.Sc Botany (Course Duration Time 2 Years) as Per UGC Norms State in Detail and Provide Certified Hard Copy ?
4. I Would like to Know Eligibility Criteria For Appointment Of Botany Professor, Associate Professor, Assistant Professor, Contract Faculty and Guest Faculty as Per UGC Norms, State in Detail and Provide Certified Hard Copy?
5. I Would like to Know Eligibility Criteria For Appointment Of Zoology Professor, Associate Professor, Assistant Professor, Contract Faculty and.
Guest Faculty as Per UGC Norms, State in Detail and Provide Certified Hard Copy?
6. I Would like to Know Eligibility Criteria For Appointment Of Biotechnology Professor, Associate Professor, Assistant Professor, Contract Faculty and Guest Faculty as Per UGC Norms, State in Detail and Provide Certified Hard Copy ?
7. I Would like to Know Eligibility Criteria For Appointment Of Biochemistry Professor, Associate Professor, Assistant Professor, Contract Faculty and Guest Faculty as Per UGC Norms, State in Detail and Provide Certified Hard Copy ?
8. I Would like to Know Eligibility Criteria For Appointment Of Microbiology Professor, Associate Professor, Assistant Professor, Contract Faculty and Guest Faculty as Per UGC Norms, State in Detail and Provide Certified Hard Copy ?
9. I Would like to Know Eligibility Criteria For Appointment Of Environmental Science Professor, Associate Professor, Assistant Professor, Contract Faculty 2 and Guest Faculty as Per UGC Norms, State in Detail and Provide Certified Hard Copy ?
10. Whether All Universities and Colleges and All State Higher Education Councils Is Mandatory to Follow UGC Norms For Appointment Of Professor, Associate Professor, Assistant Professor, Contract Faculty and Guest Faculty, State in Detail and Provide Certified Hard Copy?"
Having not received any response from the CPIO, the appellant filed a First Appeal dated 22.10.2019.
The CPIO furnished a point-wise reply to the appellant on 06.12.2019 stating as under:-
Point Nos. 1, 2, 4, 5, 6, 7, 8 & 9:- Please refer of clause 1.1 of UGC Regulations on Minimum Qualification for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018 which is self explanatory and available on UGC website www.ugc.ac.in.
Point Nos. 3 & 10:- Please refer to clause 4.1 and 13.0 of UGC Regulations on Minimum Qualification For Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018 which are self explanatory and available on UGC website www.ugc.ac.in. Besides, a copy of UGC circular No. F. 25-1/2018 (PS/Misc) dated 28.01.2019 is enclosed which is self explanatory.
In regard to his first appeal, FAA's order dated 06.01.2020 upheld the reply of CPIO.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through audio conference.
Respondent: Shashi Malik, Under Secretary & CPIO present through audio conference.3
The CPIO submitted that available UGC Regulations have been already indicated in their reply provided to the Appellant.
Decision:
The Commission based on a perusal of the facts on record finds no scope of action in the matter with respect to the information that has been sought for in the RTI Application as well as the reply of the CPIO provided thereon as the queries raised by the Appellant do not conform to Section 2(f) of the RTI Act. The Appellant has not sought for any specific information rather has sought for interpretations and inferences to be drawn by the CPIO.
The Appellant shall note that outstretching the interpretation of Section 2(f) of the RTI Act to include deductions and inferences to be drawn by the CPIO is unwarranted as it casts immense pressure on the CPIOs to ensure that they provide the correct deduction/inference to avoid being subject to penal provisions under the RTI Act.
In this regard, his attention is drawn towards a judgment of the Hon'ble Supreme Court on the scope and ambit of Section 2(f) of RTI Act in the matter of CBSE vs. Aditya Bandopadhyay & Ors [CIVIL APPEAL NO.6454 of 2011] wherein it was held as under:
"35. At this juncture, it is necessary to clear some misconceptions about the RTI Act. The RTI Act provides access to all information that is available and existing.........A public authority is also not required to furnish information which require drawing of inferences and/or making of assumptions. It is also not required to provide `advice' or `opinion' to an applicant, nor required to obtain and furnish any `opinion' or `advice' to an applicant. The reference to `opinion' or `advice' in the definition of `information' in section 2(f) of the Act, only refers to such material available in the records of the public authority. Many public authorities have, as a public relation exercise, provide advice, guidance and opinion to the citizens. But that is purely voluntary and should not be confused with any obligation under the RTI Act." (Emphasis Supplied) The appeal is disposed of accordingly.
Saroj Punhani (सरोज पुनहािन) हािन) Information Commissioner (सूचना आयु ) 4 Authenticated true copy (अिभ मािणत स यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 5