Central Information Commission
Mukesh Kumar Agrawal vs Indian Institute Of Technology (Iit), ... on 11 March, 2021
Author: Saroj Punhani
Bench: Saroj Punhani
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/IITRK/A/2019/641504
Mukesh Kumar Agrawal अपीलकता /Appellant
......अपीलकता
VERSUS
बनाम
CPIO
Indian Institute Of
Technology (IIT) Roorkee,
District Haridwar, Roorkee-
247667, Uttarakhand .... ितवादीगण /Respondent
Date of Hearing : 11/03/2021
Date of Decision : 11/03/2021
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 15/04/2019
CPIO replied on : 02/05/2019
First appeal filed on : 05/05/2019
First Appellate Authority order : 14/05/2019
2nd Appeal/Complaint dated : 26/05/2019
Information soughtand background of the case:
The Appellant filed RTI application dated 15.04.2019 seeking information as under;1
"On going through the Information Brochure English for JEE (Advanced) 2019 to be conducted on May 27, 2019 (Monday), under sub-heading 18.1 General Instructions for CBT: Point 8 at page number 23 is read as under:
8. Scribble Pads for doing rough work/calculations will be provided to the candidates. The Scribble Pads would have a Header page for the candidates to write down his/her Name and Registration Number. Candidates are allowed to take his/her signed Scribble Pads at the end of each paper of the examination given to him/her at the start of the paper.
Provide additional information/ clarification on the above point:-
A) Number of sheets that will be available in one scribble pad, B) Size of the sheets in the scribble pad, C) Also inform, shall there be any upper limit on issuance of scribble pads to a candidate/ aspirant during Paper 1 and Paper 2, when he/she wants additional ones after he/she consumed the previous ones. Because a student/ candidate may need more than one scribble pad according to his way of attempting the questions, font size he uses and pattern of doing rough work.
D) As upper limit of issuance of scribble pads has not been described/ clarified in the brochure, provide the certified copy of the order/ circular/ rule etc. clarifying the limit, issued by the competent authority. E) How the general public shall be made aware of the limit of issuance of Scribble pads(if any) as the same has NOT been mentioned in the brochure of JEE (Advanced) 2019.
F) Provide web link for its online payment.
G) The cost of R.T.I. application has been paid online by appellant on rtionline.gov.in H) Provide the information and certified copies as requested as per R.T.I. Act.
I) Provide the name, address, mail Id and contact number(s) of First Appellate Authority.
The CPIO furnished a reply for paras A to E to the Appellant on 02.05.2019 stating as under:-
2"Paras No. A to E:- This information is related to the conduct of the examination which is of confidential nature and can't be revealed at this stage."
Further, as regards, paras F, G, H & I of the RTI Application, the CPIO informed as under:-
"Point No. F & G:- Not applicable Point No. H:-The reply provided by the Org. Chairman, JEE (Adv.)-2019 vide letter No. M-89/RTI-JEE(Adv)-2019/1645 dated 02 .05.2019 from point No. A to E has been stamped as "Supplied Under RTI Act-200S' and is enclosed.
Point No. I: Provided the address of First Appellate Authority."
Being dissatisfied, the appellant filed a First Appeal dated 05.05.2019. FAA's order dated 14.05.2019 upheld the reply of CPIO.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through audio conference. Respondent: Dr. Shyam Narain, Joint Registrar & CPIO present through video conference.
The CPIO submitted that the Appellant was suitably informed by the FAA that only available information can be provided under the RTI Act and yet upon receipt of the copy of the Second Appeal, the concerned office was requested to ascertain if any information can be made available. He further submitted that based on the response of Chairman, JEE (Adv.)-2019 received vide letter dated 29.07.2019, a revised reply incorporating the relevant information about the scribble pad was sent to the Appellant via email.
The Appellant stated that he is aggrieved with the fact that his son was denied an extra scribble pad in the JEE examination, due to which he could not clear the exam and therefore he sought for these details from the public authority.3
The CPIO clarified the norms governing the provision of scribble pads to the candidates who appear for the JEE examinations.
Decision The Commission based on a perusal of the facts on record observes that from the standpoint of the RTI Act, no action is warranted in the matter as the information sought for in the RTI Application is in the nature of seeking clarifications and deduction by the CPIO and the same has been appropriately replied to by the CPIO.
Further, it is brought to the attention of the Appellant that the merits of the administrative decisions of the public authority related to the conduct of the JEE examinations are not amenable to the jurisdiction of the Commission under the RTI Act. However, keeping in view the larger public interest, the public authority may consider looking into this matter.
The appeal is disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणतस यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 4