Central Information Commission
Ms. Priyasha Saksena vs Central Board Of Secondary Education on 30 December, 2009
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/002873/6146
Appeal No. CIC/SG/A/2009/002873
Relevant Facts emerging from the Appeal:
Appellant : Ms. Priyasha Saksena
House No. 732, Green Heavens Apartments,
Plot No. 35,Sector - 4,
Dwarka, New Delhi - 110075.
Respondent : Mr. K.K.Chaudhary
Public Information Officer & Joint Secretary Administration Central Board of Secondary Education, Shiksha Kendra, 2, community Centre, Preet Vihar, Delhi - 110092.
RTI application filed on : 26-06-2009
PIO replied : 21-07-2009
First appeal filed on : 18-08-2009
First Appellate Authority order : 03-09-2009
Second Appeal received on : 10-11-2009
Date of Notice of Hearing : 25/11/2009
Hearing Held on : 30/12/2009
Sl. Information sought PIO's reply
1. Number of students who applied for the CBSE merit 900 students applied for scholarship
Scholarship scheme for undergraduate studies. under undergraduate studies.
2. Number of students who were awarded the CBSE Merit 390 students applied for scholarship
scholarship for undergraduate studies in 2005. under undergraduate studies.
3. Names of the unsuccessful candidates i.e. those were Such records are not available. demed the scholarship under the CBSE merit scholarship scheme for undergraduate studies after application in 2005.
4. Certified copy of the rules and / or guidelines for A copy of the scheme has been processing applications under the CBSE merit provided to the appellant for scholarship scheme for undergraduate studies. reference.
5. Reasons for denial of scholarship under CBSE merit As of now, we have kept only the scholarship scheme for undergraduate studies 2005 Ms record of eligible students who have Priyasha Saksena scholarship no. 2005/U/5607888. been granted scholarship. As such the required information under question 5,6,7 is not available.
6. Copy of letter/documentation authorizing the denial of As above.
scholarship under the CBSE ment scholarship scheme for undergraduate studies 2005 to Ms Priyasha Saksena.
7. Copy of letter informing Ms Priyasha Saksena of the As above.
reasons for denial of a scholarship scheme for undergraduate studies 2005.
Ground of the First Appeal:
Further, the CBSE, in it's reply, did not mention the time within which an appeal can be filed in case appellant was dissatisfied with the reply that it gave him, which he believe that it should have not every person has access to a copy of the RTI Act, and appellant believe that the burden of providing information concerning the limitation period for filing an appeal lies with the CBSE, appellant believe that the CBSE has not furnished me with adequate and true information in reply to the questions that I have raised, which is its responsibility as a public authority, and this is the reason for my appeal.
Order of the FAA:
"The Board had received 900 applications and awarded scholarship to 390 students after scrutiny of the same. As this was introduced for the first time in 2005, the office had only kept records relating to students who were awarded the scholarship. Now, the office is maintaining the documentation about the selected and non - selected candidates. In so far as 2005 scheme is concerned such documentation has not been maintained in respect of the rejected candidates and this information has already been provided to the appellant vide this office letter dated 21-07-2009.
The Board has a ledger showing the list of awardees of 2005 which can be inspected by the appellant with prior appointment".
Ground of the Second Appeal:
That, the CBSE has not furnished to the appellant with adequate and true information in reply to the questions that appellant has raised, which is its responsibility as a public authority. The appellate Authority has simply taken the word of the CBSE at face value, without going into the merits of the case, which smacks of non-application of mind and this is the reasons for the second appeal.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Rajendra Saksena on behalf of Ms. Priyasha Saksena; Respondent : Mr. K.K.Chaudhary, Public Information Officer & Joint Secretary Administration;
The appellant is seeking information of certain records of candidates who were denied the merit scholarships in the undergraduate scheme in 2005. The respondent had stated that they have not maintained the record of the students who were not given the merit scholarships in 2005. The Appellant contends that she had obtained more marks than the other candidates to whom the scholarships were given. If this is true, and the public authority is now claiming that the records of only those who have been given the merit scholarship are available, this certainly deserves to be investigated. The PIO admits that she had indeed more marks than some other candidates who have been give the scholarship. He also states that there is possibility of reviewing this non-consideration of merit scholarship to the appellant with the permission of the Chairman. The Commission desires that Chairman CBSE looks into this matter and take appropriate action. The Appellant is advised to give all relevant papers to the PIO before 07 January 2010.
Decision:
The Appeal is allowed.
The PIO is directed to send the comments of the Chairman on this matter to the Appellant and the Commission before 30 January 2010.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 30 December 2009 (In any correspondence on this decision, mention the complete decision number.) (BK) CC: Chairman, CBSE through K.K.Chaudhary, Public Information Officer