Central Information Commission
Mr.Akhil Kumar Agarwal vs Ministry Of Human Resource Development on 10 April, 2012
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Complaint: No. CIC/DS/C/2012/000423
Appellant /Complainant : Shri Akhil Kumar Agarwal, Muzaffarnagar
Public Authority : Hemvati Nandan Bahuguna Garhwal University,
Srinagar (Uttarakhand) ( Dr. Y.S.Farshwan, PIO &
Dr.
A.K. Mohanti, Dy.Registrar - through video
Conferencing)
Date of Hearing : 10 April 2012
Date of Decision : 10 April 2012
Facts:
1. RTI application dated 13 January 2012 was presented by the appellant before the CPIO, H.N.B Garhwal University, Srinagar (Uttarakhand) vide which he sought information through 11 points in respect of admissions on transfer given to students in BALLB (IIIrd. Semester).
2. Not receiving response from the CPIO, he preferred appeal dated 17 January 2012 which also remained un adjudicated.
3. Appellant preferred second appeal before the Commission and his request for early hearing was accepted by the Commission on account of the bearing of this case on the admission/accedemic prospects of his daughter.
4. The matter was heard today via videoconferencing. Respondents as above were present at Garhwal. Appellant was heard from Muzaffarnagar.
5. Respondent states that information in respect of point 10 and 11 has already been provided to the appellant vide their letter of 9 February 2012 and the CPIO, Legal Cell was asked to sent information to the Principal of the Law College, Dehradun with copy to the appellant. Appellant submits that to date he has not received any information from the CPIO, Legal Cell.
6. Commission takes on record the statement made by the respondent that on account of strike and agitation, the University officer have been locked by the Complaint: No. CIC/DS/C/2011/000423 agitationists and therefore additional information could not be provided to the appellant.
Decision notice
7. Having heard both parties Commission directs respondent CPIO to provide specific and clear information to the appellant within one week after the opening of the University (when the agitation ends). Commission also takes note of the averments of the appellant that the agitationists have barred the doors of the University offices only since past 10 days, Commission therefore issues show cause notice to the CPIO of the University and to the CPIO, Legal Cell to show cause why information was not furnished to the appellant within time frame stipulated in the RTI Act. All matter pertaining to admissions must be transparent and fair and the University Management must not attempt to put this information behind the veils of secrecy. Both the CPIOs are directed to appear for personal hearing before the Commission on 15.5.2012 at 3.30 PM at NIC Video Conferencing Studio, 1st. Floor Collectorate, Pauri Garhwal246001 (Uttarakhand) (Contact Officer Mr. Rohit Chandra, Scientific Officer and contact No. 01368222819).
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Dy. Secretary & Dy. Registrar Tel. No. 01126105027 Copy to:
1. Shri Akhil Kumar Agarwal 5, Sarwat Gate, Abkari Road Opp: Janta Sewak Dal, Muzaffarnagar251002 (UP)
2. The CPIO H. N. B.Garhwal University Complaint: No. CIC/DS/C/2011/000423 Srinagar246174 Garhwal) Uttarakhand.
3. The CPIO H. N. B.Garhwal University Legal Cell, Srinagar246174 Garhwal) Uttarakhand.
4. The Appellate Authority H. N. B. Garhwal University Srinagar246174 Garhwal) Uttarakhand.
Complaint: No. CIC/DS/C/2011/000423