Central Information Commission
Mrs. Neeru Kumar vs Western International University on 9 October, 2009
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office),
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/001050/3874Adjunct
Appeal No. CIC/SG/A/2009/001050
Relevant Facts emerging from the Appeal:
Appellant : Mrs. Neeru Kumar
B-1224, Palam Vihar
Gurgaon,
Haryana-122 017.
Respondent : CPIO
Western International University
Department of Sociology,
South Delhi Learning Center
24-A, Lajpatnagar-IV,
New Delhi
RTI application filed on : 27/02/2009
PIO replied : Not replied
First appeal filed on : 05/04/2009
First Appellate Authority order : 17/04/2009
Second Appeal received on : 01/05/2009
Information sought: -
The appellant had asked following information about Mrs.Shaily Bhashnajaly (Sharma) W/o Sh.Rajeev Sharma R/o-B-Block, Palam Vihar, Gurgaon (Part time/Full time employee in Department of Sociology):-
Particulars of required information:
1. Date of Joining of Ms.Shaily Bhashanjaly in the services of WIU.
2. Designation -In your organization of Ms.Shaily Bhanshanjaly If there is a Grade system viz.. Grade 1-2, then the corresponding Designation must be clearly explained viz.. if the person is a Secretary or Typist or Junior or Senior Manager.
3. Monthly Salary-or Remunerations received by the above individuals (aprox. If temporary or programme/contract basis)
4. If Shaily Bhashnajaly has ever invited a certain Mr.Munish Jolly to collectively or jointly conduct programmes, seminars, talks or other related activity (as a co-partner, host, invitee, or expert etc.) and exact details and dates of these events.
PIO's reply Not replied.
The First Appellant Authority's Order:
You may kindly note that WIU/MAIGPL is not a public authority as envisaged under the RTI Act; hence not available under the provision of the said Act. Relevant Facts emerging during Hearing on 26/06/2009:
The following were present:
Appellant: Absent Respondent: Absent The Modi Apollo International Institute has replied that it is not a public authority. The appellant contends that Western International University is a deemed University and hence it is a public authority under the RTI Act. If the University is a deemed University it is public authority under the RTI Act. The Commission in decision number: CIC/OK/A/2008/01098/SG/2550 of 31 March 2009 has ruled, "Section 3 of the University Grants Commission Act, 1956 provides for the constitution of Deemed Universities. Section 3 reads as follows:- "The Central Government may, on the advice of the Commission, declare by notification in the Official Gazette, that any institution for higher education, other than a University, shall be deemed to be a University for the purpose of this Act, and on such a declaration being made, all the provisions of this Act shall apply to such institution as if it were a University within the meaning of clause (f) of Section 2."
It appears from Section 3 that deemed Universities are declared to be so by notification in the official Gazette by the Central Government. Of this is the case, then a deemed University may come with in the definition of "Public Authority". As mentioned earlier, "Public Authority" does include any authority or body established or constituted by notification issued by the appropriate Government.".................. ""University" means a University established or incorporated by or under a Central Act, a Provincial Act or a State Act, and includes any such institution as may, in consultation with the University concerned, be recognized by the Commission in accordance with the regulations made in this behalf under this Act.
Thus it is clear that a deemed University gets this status by virtue of a notification issued by the Central government."
Decision dated 26/06/2009:
The appeal was allowed. The PIO of the deemed University was directed to provide the information to the Appellant before 12 July 2009.
The Commission received a letter from the lawyers of the Western International University Inc dated 13/07/2009 wherein it was submitted that the afore-mentioned decision had overlooked certain important facts. In view of this the Commission issued a notice of hearing dated 24/07/2009 to both parties directing them to appear before the Commission on 02/09/2009. Neither party appeared before the Commission. The Commission then issued a letter to the Appellant directing her to respond to the representation made on behalf of WIU before 25/09/2009. The Commission received submissions from the Appellant vide her letter dated 18/09/2009.
The Commission does not find merit in the submissions made by Ms. Neeru Kumar. All private colleges and institutions do not fall under the purview of the RTI Act. Only Universities or deemed Universities which have been established under the Indian laws or in accordance with government notifications will be considered to be public authority under Section 2(h) of the RTI Act. WIU is not a University established by the any Indian law nor has it been granted deemed University status under the UGC Act. As Ms. Neeru Kumar has not sought information from MAIGPL or Modi Apollo International Institute, the Commission does not find it necessary to decide whether MAIGPL and Modi Apollo International Institute are public authorities under RTI Act as per Section 2(h).
The Commission hereby withdraws its decision dated 26/06/2009 in this matter and dismisses the Appeal as WIU is not a public authority. No information needs to be provided in response to the Appellant's RTI Application.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi Information Commissioner 9 October 2009 (In any correspondence on this decision, mentioned the complete decision number.) AK