Central Information Commission
Binay Kumar vs National Council For Teacher Education on 12 January, 2022
CIC/NCTED/C/2020/680112
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग,मुिनरका
Baba Gangnath Marg, Munirka
नईिद ी, New Delhi - 110067
िशकायत सं ा / Complaint No. CIC/NCTED/C/2020/680112
In the matter of:
Binay Kumar ... िशकायतकता/Complainant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
/Deputy Secretary, National
Council of Educational Research
and Training Sri Aurobindo Marg,
Adchini, NCERT Campus,
New Delhi- 110016
Relevant dates emerging from the Complaint:
RTI Application filed on : 28.05.2020
CPIO replied on : 19.06.2020
First Appeal filed on : Not on Record
First Appellate Authority order : Not on Record
Complaint received on : 30.07.2020
Date of Hearing : 11.01.2022
The following were present:
Complainant: Shri Binay Kumar participated in the hearing upon being contacted
on his telephone.
Respondent: Shri Rajesh Kumar, CPIO and Dy. Secretary participated in the
hearing upon being contacted on his telephone.
Page 1 of 6
CIC/NCTED/C/2020/680112
ORDER
Information Sought:
The Complainant filed an online RTI application dated 28.05.2020 seeking information on the following eight points:
"With profound to the best regard, I have need in some valuable information pertaining to appointment of teachers on the post of PRT / TGT / PGT - Computer Science / Computer Application / Information practices / Information Technology / Web application.
1) What is basic essential qualification determined by CBSE for the above post (QM).
2) B.Ed, is required above posts or not, If yes, any Gazette of India circulate for the above posts by NCTE.
3) CTET is applicable on the above poste or not.
4) If yes, any CTET examination has been conducted yet for the teachers of above subject.
5) As per CBSE existing guidelines/ Circular No- 76-4/210/NCTE/Acad dated 11/02/2011 and Minimum Qualification 2010 by NCTE -F.N.61-
03/20/210/NCTE (N&S).
6) For CTET B.A./B.Sc. candidates are applicable. Other than B.A. / B.Sc. such as B.Com./ B. Lib./B.Sc.IT./ BCA/ Doeacc A/B level candidates are applicable or not.
7) If yes, in which subject the can apply but online filing portal only show BA & B.Sc. why(QM).
8) Some B. Com/ B. Lib candidates passed out CTET whose certificate is valid or invalid as per guidelines / Circular No- 76-4/2010/NC TE/Acad dated 11/02/2011 and Minimum Qualification 2010 by NCTE - F.N.61- 03/20/2010/NCTE (N&S)."
Page 2 of 6CIC/NCTED/C/2020/680112 The PIO and Deputy Secretary, D.M.S./National Council of Education Research and Training, New Delhi vide letter dated 19.06.2020, informed the Complainant as under:
Being dissatisfied, the Complainant approached the Commission vide this instant Complaint.
Grounds for Complaint:
The Complainant filed a Complaint u/s 18 of the RTI Act on the ground of unsatisfactory reply furnished by the Respondent. The Complainant requested the Commission to ensure justice is done.
Submissions made by Complainant and Respondent during Hearing: In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, the instant hearing is being scheduled through audio conference after informing both the parties.
The Complainant stated that the Respondent has provided incorrect information and alleged that the said act of the Respondent is mala fide in nature. Upon queried by the Commission to substantiate his averment, he explained that the relevant and Page 3 of 6 CIC/NCTED/C/2020/680112 authentic information is already available with him. He further explained that he wants to ascertain as to on whose directions or instructions the averred Circular was issued by the Respondent.
The Respondent submitted that available information has been provided to the Complainant. He further submitted that the Complainant in the instant Complaint has come up with a new cause-of-action i.e., his grievance/issues against the DAV College Management Committee, which is nowhere related to the answering Respondent. Upon queried by the Commission as to who is the custodian of records for the information sought at point nos. 1, 2, 4, 5, 6, 7 and 8 of the RTI Application, he clarified the Commission that the information sought in the instant RTI Application does not concern to the Respondent public authority at all. He further clarified that the averred information sought at point nos. 4, 5 and 8 of the RTI Application pertains to National Council for Teacher Education and that the relevant information can also be provided by the concerned officials of National Council for Teacher Education. He apprised the Commission that the reply dated 18.06.2020 was also marked to the PIO, CBSE and the PIO, NCTE.
A written submission has been received by the Commission from Shri Rajesh Kumar, PIO and Dy. Secretary vide letter dated 07.01.2022, wherein he has apprised the Commission as under:
Page 4 of 6CIC/NCTED/C/2020/680112 Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the instant matter is a complaint filed under Section 18 of the RTI Act. Hence, the only adjudication required to be made by the Commission is to determine if the information has been denied with a mala fide intention or unreasonable cause to the information seeker. The Commission further observes that the Complaint filed by the Complainant vide letter dated 30.07.2020 explains in detail pertaining to the subject 'Regarding justice against exploitation of employee from September 2014- to till date. िसत र 2014 से अब तक के कमचा रयों के शोषण के खलाफ ाय के स म' and that the same is not in connection with the information sought in the instant RTI Application.
In view of the above, the Commission dismisses the instant Complaint as INFRUCTUOUS.
Copy of the decision be provided free of cost to the parties.
The Complaint, hereby, stands dismissed Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) िदनांक / Date : 11.01.2022 Page 5 of 6 CIC/NCTED/C/2020/680112 Authenticated true copy (अिभ मािणत स ािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Addresses of the parties:
1. The First Appellate Authority (FAA) /Joint Director NCERT, Shri Arvindo Marg, New Delhi-110016
2. The Central Public Information Officer (CPIO) /Deputy Secretary National Council of Educational Research and Training Sri Aurobindo Marg, Adchini, NCERT Campus, New Delhi- 110016
3. Mr. Binay Kumar Page 6 of 6