Central Information Commission
Jyoti Bhushan Verma vs Indira Gandhi National Open University ... on 29 April, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गं गनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
ि तीय अपील सं ा / Second Appeal No. CIC/IGNOU/A/2024/607336
Jyoti Bhushan Verma ... अपीलकता/Appellant
VERSUS
बनाम
CPIO: Indira Gandhi National
Open University (IGNOU), ... ितवादीगण/Respondents
Patna
Relevant dates emerging from the appeal:
RTI : 07.11.2023 FA : 17.11.2023 SA : 21.02.2024
CPIO : 17.11.2023 FAO : 30.11.2023 Hearing : 29.04.2025
Date of Decision: 29.04.2025
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Appellant filed an RTI application dated 07.11.2023 seeking information on the following points:
1. The names, Roll number and marks obtained by each candidates who appeared in the Viva Voce of MPCE - 034, 035, 036 conducted by IGNOU RC Patna held during the month of June 2022 through online mode.
2. The IGNOU Guidelines or circulars etc which categorically states that the marks of a student will not be updated in his Grade Card if he has appeared in TEPE December 2021 instead of TEPE June 2022 despite the fact that he was Page 1 of 5 called by IGNOU RC Patna and TPS College (Study Centre) to do. If there are no such guidelines, it may please be specifically stated.
3. What is normal time in which a grievance raised by a student in IGNOU Grievance Redressal and Management (IGRAM) gets redressed?
4. What is the procedure of escalating the Grievance, if a student is not satisfied with the reply given to his grievance? Please give the name, working phone number and e mail address of the point of contact in this regard and the time taken for redressal in case of escalation of grievance.
5. Please give the working phone number of IGNOU RC Patna with whom a student is able to contact in case of emergency as all the numbers mentioned on IGNOU RC Patna website is not working.
2. The CPIO replied vide letter dated 17.11.2023 and the same is reproduced as under :-
1. Please visit to RC during working hour and contact officer in charge (Dr Shalini Dixit, ARD/ Dr Shalini, ARD) for required information.
2. No such guideline exists.
3. One Month.
4. They raise appeal to next higher authority.
5. Contact Details IGNOU REGIONAL CENTRE, PATNA Institutional Area, Mithapur Patna â€" 800001 Bihar (India) Ph.: 0612-2365039, 2360080 Mobile: ******9590 Email: [email protected]
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 17.11.2023 alleging that the information provided was incomplete, false Page 2 of 5 and misleading. The FAA vide order dated 30.11.2023 directed the CPIO to provide appropriate information on point no. 4 directly to Appellant.
4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 21.02.2024.
5. The appellant and on behalf of the respondent Mr. Anand Kumar, Dy. Registrar and Ms. Shalini Dikshit, Assistant Regional Director, attended the hearing through video conference.
6. The appellant inter alia submitted that the reply furnished by the CPIO was not satisfactory.
7. The respondent while defending their case inter alia submitted that a suitable point-wise reply has been furnished to the appellant vide letter dated 17.11.2023. On being queried by the Commission, the respondent submitted that the appellant was allowed for the inspection for point no. 1 of the RTI application, but he did not come for the same. A written submission dated 21.04.2025 of the respondent is reproduced as under:-
1. The same is attached herewith
2. The programme of the Claimant is an annual programme. He has completed his re-registration for 2 year in July 2021. He appeared in TEPE in Dec. 2021 after 06 months in place of 01 year, which is not valid. The learner also realised the mistake and re-appeared in the TEPE June 2024 after paying the requisite fee with fine and cleared the exam.
3. Normal time is a week subject to genuineness of grievances. A++ NAAC
4. Learners may send a mail to [email protected] and/or may lodge complaint through IGNOU's dedicated portal for the same i.e. iGRAM and/or may contact in person at Regional Centre Patna.Page 3 of 5
5. Phone number and website of the IGNOU RC Patna is already working. The learners may contact RC Patna through email [email protected] or in person also.
8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that the CPIO has provided an appropriate reply on point nos. 2 to 5 of the RTI Application as per the provisions of the RTI Act vide letter dated 17.11.2023. The perusal of the record further reveals that the CPIO erroneously allowed inspection on point no. 1 of the RTI application as it relates to the personal details of the candidates and that should have been denied u/s 8 (1) (j) of the RTI Act. In this regard, the attention of both the parties is drawn towards a judgment of the Hon'ble Supreme Court in the matter of Central Public Information Officer, Supreme Court of India Vs. Subhash Chandra Agarwal in Civil Appeal No. 10044 of 2010 with Civil Appeal No. 10045 of 2010 and Civil Appeal No. 2683 of 2010 wherein the import of "personal information" envisaged under Section 8(1)(j) of RTI Act has been exemplified in the context of earlier ratios laid down by the same Court in the matter(s) of Canara Bank Vs. C.S. Shyam in Civil Appeal No.22 of 2009; Girish Ramchandra Deshpande vs. Central Information Commissioner & Ors., (2013) 1 SCC 212 and R.K. Jain vs. Union of India & amp; Anr., (2013) 14 SCC 794. The following was thus held:
"59. Reading of the aforesaid judicial precedents, in our opinion, would indicate that personal records, including name, address, physical, mental and psychological status, marks obtained, grades and answer sheets, are all treated as personal information. Similarly, professional records, including qualification, performance, evaluation reports, ACRs, disciplinary proceedings, etc. are all personal information. Medical records, treatment, choice of medicine, list of hospitals and doctors visited, findings recorded, including that of the family members, information relating to assets, liabilities, income tax returns, details of investments, lending and borrowing, etc. are personal information. Such personal information is entitled to protection from unwarranted invasion of privacy and Page 4 of 5 conditional access is available when stipulation of larger public interest is satisfied. This list is indicative and not exhaustive..."
9. The Commission notes that through the queries raised on point no. 4 of the RTI application the appellant is seeking clarification regarding escalating the grievance, which are not covered within the definition of "information" under Section 2 (f) of the RTI Act. Nonetheless, the CPIO has given a suitable reply with a relevant clarification. Further, the Commission observes that the FAA's direction to the CPIO in this regard has not been complied with. Therefore, the Commission directs the CPIO to submit a written statement before the Commission, for not complying with the FAA's order, along with the comments of the First Appellate Authority, by uploading on http://dsscic.nic.in/online- link-paper-compliance/add, within 25 days from the date of the receipt of this order, under intimation to the Commission. With this observation and direction, the appeal is disposed of.
Copy of the decision be provided free of cost to the parties.
Sd/-
(Anandi Ramalingam) (आनंदी रामिलंगम) Information Commissioner (सूचना आयु ) िदनांक/Date: 29.04.2025 Authenticated true copy O. P. Pokhriyal (ओ. पी. पोख रयाल) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:
1 The CPIO IGNOU, REGIONAL CENTRE PATNA, Institutional Area, Mithapur, Patna - 800 001 2 Jyoti Bhushan Verma Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)