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Central Information Commission

Rama Shankar vs Revenue Department on 19 March, 2019

                                  के न्द्रीयसूचनाआयोग
                       Central Information Commission
                               बाबागंगनाथमागग,मुननरका
                        Baba Gangnath Marg, Munirka
                          नईददल्ली, New Delhi - 110067

 नितीय अपील संख्या / Second Appeal No. CIC/REVDP/A/2017/149508

Shri Rama Shankar                                                ... अपीलकताग/Appellant

                             VERSUS/ बनाम
PIO/ Revenue Department, GNCTD                               ...प्रनतवादीगण /Respondents

Through:
Shri Sanjeev Kumar Yadav, PIO
Mrs. Roshan, Jr. Asstt.

Date of Hearing                          :   18.03.2019
Date of Decision                         :   18.03.2019
Information Commissioner                 :   Shri Y. K. Sinha

   Case No.      Filed on        CPIO reply       First appeal       FAO
   149508       07.03.2017       06.04.2017            Nil        12.05.2017

 Information sought

and background of the case:

The Appellant vide RTI application dated 07.03.2017, sought information regarding his entitlement for a scheduled caste certificate in NCD Delhi. He sought information on nine points:-

1. Provide the procedure how to make SC certificate in Delhi if appellant already have SC certificate issued by Bihar Government.

2. Is SC certificate of Bihar different from SC certificate of Delhi?

3. Priority of SC certificate of Delhi is more than SC certificate of Bihar.

4. Informed the validity of SC certificate.

5. Appellant caste 'tanti' (Pan, Sulasi) is listed in scheduled caste or not.

6. Provide the gazzette in which is written the 'tanti' caste is converted into 'SC' caste.

7. Provide the list in which 'tanti' listed as SC.Etc. Page 1 of 2 The PIO/SDM-VIII(HQ) vide letter dated 06.04.2017 provided point wise information to the Appellant.Being dissatisfied, the Appellant filed First Appeal dated Nil. Dy. Commissioner (Revenue)/FAA vide order dated 12.05.2017 upheld the reply of PIO. Dissatisfied with the information received, the Appellant approached the Commission with the instant second appeal.

Facts emerging in Course of Hearing:

Both the parties are present and heard. The Appellant is a member of Scheduled Caste notified in Bihar state and holds a certificate issued in Bihar. The Appellant seeks to know about his entitlement for getting a SC certificate issued by Govt. of NCT Delhi. The PIO submits that SC/ST status of a person is based on the state of domicile of the applicant and no person can validly hold more than one caste certificate. In the facts of the case, the Appellant possesses a certificate issued by Bihar Govt. All the information sought is stated to be placed in public domain.

Decision:

The Commission concludes that information sought has been furnished to the Appellant. The Commission also takes note of the decision delivered by a Constitution Bench of the Hon'ble Supreme Court in Bir Singh vs. Delhi Jal Board and Ors. (30.08.2018-SC):MANU/SC/0924/2018 wherein the members of SC/ST community from other states were held entitled to claim reservation within NCT Delhi. The said decision being in public domain, no further intervention in the present appeal is required.

The appeal is disposed of.

Y. K. Sinha(वाई. के . नसन्द्हा) Information Commissioner (सूचना आयुक्त ) Authenticated true copy (अभिप्रमाभितसत्याभितप्रभत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 2 of 2