Central Information Commission
Mitesh Kumar Mandal vs National Institute Of Open Schooling on 5 July, 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/NIOPS/C/2019/656939
Mitesh Kumar Mandal ....िशकायतकता/Complainant
VERSUS
बनाम
CPIO,
National Institute of Open
Schooling, RTI Cell, Amrit Plaza
Building, (near Water Tank, Bengali
Kothi Chowk), Mothrowala Road,
Dehradun - 248121, Uttarakhand. .... ितवादीगण/Respondent
Date of Hearing : 30/06/2021
Date of Decision : 30/06/2021
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from complaint:
RTI application filed on : 14/06/2019
CPIO replied on : 29/07/2019
First appeal filed on : 31/08/2019
First Appellate Authority's order : 14/11/2019
2nd Appeal/Complaint dated : NIL
Information sought:
The Complainant filed an online RTI application on 14.06.2019 seeking the following information:
"I am a student of Sr. Secondary (Science) 2018-19 session. I have appeared NIOS Public Exam April- May 2019. My Enrollment No. : 260097183094 and reference No. : A2018301952. I am sending you my admit card as a 1 supporting document. I request you to provide me with the following information:
1. Certified copy of my answer scripts of all subjects for which I have appeared.
2. Status of re-evaluation/recheck of my answer scripts progress which I have applied on 10/06/2019."
The CPIO transferred the RTI application to multiple CPIO's on 29.07.2019. Being dissatisfied, the Complainant filed a First Appeal dated 31.08.2019. FAA's order dated 14.11.2019 stated as under:-
"The reply by the CPIO given on 22.07.2019 is in order. As per NIOS norms, for obtaining copy of answer-sheet(s), please send a request for the same along with prescribed fee i.e. Rs.764.00 for each copy of answer-sheet(Rs. 700.00 as a processing fee for per Answer-sheet and Rs. 64.00 for Photocopy of 32 pages at the rate of Rs.2.00 per page). The processing fee should be in the form of Demand Draft favouring SECRETARY, NATIONAL INSTITUTE OF OPEN SCHOOLING, payable at the city of your concerned Regional Centre.
However, please note that the retention period of answer book is 45 days from the date of declaration of result."
Feeling aggrieved and dissatisfied, Complainant approached the Commission with the instant Complaint on the ground that the FAA while disposing of First Appeal demanded a sum of Rs. 764/- from the complainant to provide him with the desired answer script without indicating the mode of payment which led the complainant to file the instant Complaint. He also prayed for providing the answer script as sought in the RTI Application.
Relevant Facts emerging during Hearing:
The following were present:-
Complainant: Present through audio-conference. Respondent: Hardeep Singh, RD & CPIO present through audio-conference.
The Complainant submitted that he is aggrieved by the fact that despite depositing Rs. 700/- in compliance of FAA's order, no material information was provided to him by the CPIO till date.2
The CPIO reiterated the contents of his written submission dated 30.06.2021, relevant portion of which is as under -
1. "14.06.2021- Sh. Mitesh Kumar Mondal filed an RTI seeking copy of all answer book for the May/June 2019 Examination.
2. 17.06.2019- The RTI request was forwarded by Nodal Officer to CPIO, NIOS RC Ranchi.
3. In between he also approached for Re-valuation of Answer booked which is permissible to be applied within 15 days of declaration of result. (under RC Dehradun)
4. NIOS RC Dehradun as per procedure forwarded the Answer books to NIOS Headquarters on 03 July 2019 for carrying out- re-valuation.
5. The NIOS headquarter carried out the revaluation and his updated result declared by NIOS Headquarter in Sept. 2019. And as a consequent of this, result in two subjects was updated and it remained unchanged in other subjects.
6. Meanwhile, he probably unaware of the action initiated, also paid Rs. 700/- to seek copy of answer book on 26.7.2019 (which otherwise also was less than the required amount of Rs. 3500/-)
7. RC Dehradun received the intimation of him having deposited Rs. 700/- on 29.07.2019, whereas the answer books were already dispatched on 03.07.2019 to NIOS HQ for carrying out the re-valuation as desired by the applicant.
The outcome of which is appended as Annex. B, the result of the learner got updated and is available on the NIOS website. The outcome/change of marks consequent to above, is also explicitly indicated in the ibid document.
8. The learners on 31.08.2019 (perhaps unaware at that instance) had also preferred an appeal to NIOS HQ, which was disposed off without any direction to NIOS RC Dehradun."
3Lastly, the CPIO apprised the Commission that as per the NIOS extant norms the answer scripts are weeded out within 45 days from the declaration of results, however the Complainant's answer scripts are still preserved and he also expressed his willingness to provide the same to the Complainant subject to payment of processing fees of Rs. 3500/- i.e. Rs. 700/- per subject as per the extant NIOS guidelines.
Decision The Commission at the outset, considering the relief sought by the Complainant treats the instant Complainant as Second Appeal.
Further, based upon a perusal of facts on record the Commission observes that the demand of fees by CPIO of Rs. 700/- per subject for the supply of answer script was not appropriate as per the provisions of the RTI Act as well as RTI Rules, 2012.
The CPIO although sought for the fees for supplying the copy of answer scripts based on extant NIOS guidelines, however, under RTI Act, he cannot take umbrage of any other rules and regulations for stipulating the fees for supply of copy of documents or impose timelines for seeking the information. In this regard, attention of the CPIO is drawn towards a judgment dated 11.04.2019 of the Apex Court in the matter of ICSI Vs Paras Jain, Civil Appeal No. 5665/2014 wherein it was held with reference to a guideline of ICSI prescribing the fees for seeking certified copies of answer scripts--
"12. Be that as it may, Guideline no.3 of the appellant does not take away from Rule 4, The Right to Information (Regulation of Fees and Cost) Rules, 2005 which also entitles the candidates to seek inspection and certified copies of their answer scripts. In our opinion, the existence of these two avenues is not mutually exclusive and it is up to the candidate to choose either of the routes. Thus, if a candidate seeks information under the provisions of the Right to Information, then payment has to be sought under the Rules therein, however, if the information is sought under the Guidelines of the appellant, then the appellant is at liberty to charge the candidates as per its guidelines." (Emphasis Supplied) Adverting to the aforesaid ratio as well as considering the fact that the CPIO failed to provide the averred information within the stipulated time frame of the RTI 4 Act, the CPIO is hereby directed to provide a copy of the answer script(s) as sought for at point 1 of RTI Application to the Complainant, free of cost now. The said direction shall be complied by the CPIO within 15 days from the date of receipt of this order under due intimation to the Commission. As regards, point no.2 of RTI Application, the submission made by the CPIO during the hearing adequately suffices the information sought by the Complainant as per the provisions of RTI Act The complaint is disposed of accordingly.
Saroj Punhani((सरोज पुनहािन)
हािन)
Information Commissioner((सूचनाआयु
ना )
Authenticated true copy
(अिभ मािणतस यािपत ित)
(C.A. Joseph)
Dy. Registrar
011-26179548/ [email protected]
सी. ए. जोसेफ,उप-पंजीयक
दनांक / Date
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