Central Information Commission
Sudipta Acharjee vs Ministry Of Human Resource Development on 12 April, 2021
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/MOHRD/C/2019/644779
Sudipta Acharjee ....िशकायतकता /Complainant
VERSUS
बनाम
CPIO,
National Testing Agency,
RTI Cell, IITK Outreach Centre, C-20, 1A/8,
C-Block, Phase 2, Industrial Area, Sector - 62,
Noida - 201309. .... ितवादीगण /Respondent
Date of Hearing : 12/04/2021
Date of Decision : 12/04/2021
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from complaint:
RTI application filed on : 07/01/2019
CPIO replied on : 19/01/2019
First appeal filed on : 19/01/2019
First Appellate Authority order : 19/02/2019
2nd Appeal/Complaint dated : NIL
1
Information soughtand background of the case:
The Complainant filed RTI application dated 07.01.2019 seeking the following information:
1. "The vertical and horizontal reservation policy of Govt of India which has been followed by NTA for declaring UGC NET 2018 result which has been published on 5th January 2019.
2. How many slots for UR category in Computer Science and Application subject having code 087 in UGC NET 2018 was allocated
3. Whether these slots as mentioned in query 2 have satisfied the vertical and horizontal reservation policy of Govt of India which has been followed by NTA for declaring UGC NET 2018 result in Computer Science and Application subject which has been published on 5th January 2019.
4. The number of candidate in Computer Science and Application subject having code 087 in UGC NET 2018 examination who has secured 40 percentage aggregate marks in both the papers taken together for UR category for Computer Science and Application subject in UGC NET December 2018 Examination. The exact number of 6 percentages of those candidates.
5. Provide the percentage marks of all those candidates in both the papers taken together for UR category for Computer Science and Application subject in UGC NET December 2018 Examination in sequence as per query no 4.
6. The formula that was adopted to qualify for Assistant Professorship in UR category for Computer Science and Application subject having code 087 in UGC NET 2018 result.
7. Provide the exact number of slots for UR category in that subject including vertical and horizontal reservation policy of Govt of India which has been followed by NTA for declaring UGC NET 2018 result which has been published on 5th January 2019.
8. Whether the UR PH candidates those who have secured less than 40 percentage aggregate marks in both the papers taken together for UR category for Computer Science and Application subject in UGC NET December 2018 Examination has been qualified or not.
9. The formula that was adopted to qualify for Assistant Professorship in UR PH category for Computer Science and Application subject having code 087 in UGC NET 2018 result.2
10. The number of slots for UR PH category in Computer Science and Application subject having code 087 in UGC NET 2018 was allocated.
Whether it was followed as horizontal or vertical reservation policy of GOI."
The CPIO replied to the Complainant on 19.01.2019 stating as follows:-
"The subject matter of your RTI request is pertain to the National Testing Agency (NTA) you are therefore, requested to approach the NTA for the same. Besides this, it is also to inform you that the name of NTA is not yet mapped on the Online RTI Portal, therefore, your RTI application could not be electronically transferred to PIO, NTA."
Being dissatisfied, the Complainant filed a First Appeal dated 19.01.2019. FAA's order dated 19.02.2019 stated that RTI application of the Complainant, being related to the National Testing Agency (NTA), IITK outreach Centre, C-20 IA/8, C Block, Phase-2 Industrial Area, Sector -62, Noida-201309 (UP) alongwith his appeal to provide the requisite information as per the provision of RTI Act, 2005 at their end.
Feeling aggrieved and dissatisfied, Complainantapproached the Commission with the instant complaint.
Relevant Facts emerging during Hearing:
The following were present:-
Complainant: Present through audio conference.
Respondent: B K Saha, Joint Director & CPIO present through audio conference.
The Complainant stated that he has not received any reply to his RTI Application from the Respondent office till date.
The CPIO tendered his unconditional regret and submitted that since the Complainant filed two similar RTI Applications (dated 07.01.2019 & 27.01.2019) in quick succession, the reply to the subsequent RTI Application of 27.01.2019 was duly provided but the instant RTI Application appears to have not been responded to. He further submitted that the most of the information sought for in the 3 instant RTI Application is covered by the reply to the RTI Application of 27.01.2019 and that same may be considered for disposal of the instant case.
Decision The Commission takes grave exception to the omission of the CPIO in not having provided any reply to the instant RTI Application till date. Having dealt with the RTI Application of 27.01.2019 vide File No. CIC/MOHRD/C/2019/644777, the Commission observes that concededly the Complainant has sought for similar information in the instant RTI Application. Nonetheless, it was incumbent upon the CPIO to have provided a timely reply to the instant RTI Application, and having failed to execute the statutory duty cast upon him by virtue of the RTI Act, the CPIO is liable for penalty under Section 20 of the RTI Act.
Now, therefore, the Commission directs the CPIO to send his written explanation for not having provided any reply to the instant RTI Application within the stipulated time frame of the RTI Act, 2005. The said direction shall be complied within 15 days from the date of receipt of this order. Considering the relief sought for in the matter, the case is being treated as a Second Appeal. In doing so, the Commission directs the CPIO to provide the available information for points no. 2, 7 & 10 of the RTI Application free of cost to the Complainant through registered/speed post within 15 days from the date of receipt of this order. A compliance report to this effect should be duly sent to the Commission by the CPIO.
Further, the relief for the information sought for at points no. 4 & 5 of the instant RTI Application is covered by the decision of even date in File No. CIC/MOHRD/C/2019/644777, while no relief is being ordered for the remaining points of the RTI Application as the queries are in the nature of seeking clarifications which is not as per Section 2(f) of the RTI Act.
The complaint is disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) 4 Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 5