Central Information Commission
Shri Kamal Kant vs Dep’T Of Personnel & Training, (Dopt) on 16 September, 2009
CENTRAL INFORMATION COMMISSION
Appeal No. CIC/WB/A/2008/00911 dated 29-5-2008
Right to Information Act 2005 - Section 19
Appellant: Shri Kamal Kant
Respondent: Dep't of Personnel & Training, (DOPT)
Decision Announced 16.9.'09
FACTS
By an application of 18-12-07 Shri Kamal Kant of Kailash Puri, Palam Colony applied to CPIO Shri V. K. Aggarwal, Under Secretary, SSC seeking the following information:
"(i) What are aggregate marks (Subject wise) obtained by me in both categories i.e. Assistant & Inspectors (CE/IT/PO etc) including Interview Marks. (Marks may please be given separately for both categories adding interview marks).
(ii) What are the aggregate marks obtained by the last SC candidate (in ranking) recommended for appointment in category of Assistants?
(iii) Whether all the SC candidates finally selected in the category of Assistants had exercised first preference for various posts of Assistant (May kindly be confirmed after re-checking of preferences).
(iv) Whether all SC candidates selected for the post of Assistants have obtained the minimum marks fixed by SSC for various post of Assistants (May kindly be confirmed after re-checking of preferences).
To this Shri Kamal Kant received a response from Shri Aggarwal, US on 18.1.2008 as follows: -
"You (roll number 1211303) category SC had secured total 351 marks in Assistant Stream, 380 marks in CBI Stream in Scheme 'A' and * marks in Scheme 'B' of Combined Graduate Level Exam 2005.
* Rest of the information is being collected from the concerned Branch of this Commission and as soon as it is received, the same will be provided to you."
Not satisfied, Shri Kamal Kant moved an appeal dated 22.1.2008 before the appellate authority, RTI Cell, SSC pleading as follows: -
"This information is utterly incomplete and does not cover even one point over which I had sought the information."1
However, on this Shri Kamal Kant got the following response on 25.2.2008 from Shri K. K. Lamba Secretary-In-Charge, SSC.
"You (roll number 1211303) had secured total 351 marks in Assistant Stream, 380 marks in CBI Stream in the written part and 56 marks in the Interview of Scheme 'A' of the Combined Graduate Level Examination 2005. It is further informed that you were absent in Paper-II in Scheme 'B' of the above said exam.
The marks obtained by the last selected candidate under various categories in the above said exam have already been published in the Employment News/ Rozgar Samachar dated 19-25 January, 2008.
With regard to provide subject wise marks, it is informed that this information does not exist in the required form. Hence, the Commission is unable to provide the same because it would disproportionately divert the resources of the Commission to generate the same. Therefore, your request to this aspect is rejected under section 7 (9) of the RTI Act, 2005."
Shri Kamal Kant has then moved a second appeal dated 21-5-08 before us with the following prayer:-
"I, therefore, request you to kindly do the needful as per provisions of the Act and arrange to provide me the information at the earliest possible, which is my right. As it is a question of my career, I request to kindly favour me by expediting my case."
In this Shri Kamal Kant has challenged the application of sub section (9) of section 7 to deny the information sought by him as follows:-
"The Staff Selection Commission's justification that providing me the subject wise marks would disproportionately generate their resources is not appropriate and against the spirit of Right to Information Act. For every information, which is sought under RTI Act, efforts are evidently required to be made by the concerned office and officials. Hence, denying the information merely on the ground that it would disproportionately generate the resources is not in order. Then it would become easy for every office to deny the information on this ground, which will defeat the purpose of the Act."
In response to our appeal notice Ms. Gayatri Sharma, Dy. Secretary, SSC in her letter of 20.11.2008 has written to appellant Shri Kamal Kant as follows:-
"(i) Marks obtained by you, roll number 1211303 in the Assistant Stream, in CBI Stream and in Interview of 2 Scheme 'A' of Combined Graduate level exam 2005 have already been intimated to you vide this Commission's letter No. 1/3/2008-RTI/684 dated 18.1.2008 and 25.2.2008 (copy enclosed). So far as your request for providing subject / appear wise marks is concerned, it is informed that SSC conducts 12 Open and 3 Deptl.
Examinations in which nearly 15 to 20 candidates appear every year. The Commission is required to declare the results of these examinations within the fixed time frame, fixed by Govt. of India. In view of the limited manpower and resources available at the disposal of the Commission, it is regretted that your request cannot be acceded to by the Commission.
(ii) Aggregate marks of the last recommended candidate of SC category for the post of Assistant in M/o External Affairs were 472, in CSS cadre were 419 and in other Departments were 434.
(iii) No such information is compiled by the Commission for category wise exercising of preferences.
(iv) No minimum marks are fixed by the SSC for SC category candidates for assistant Posts. Final result is prepared on the basis of merit cum preferences keeping in view the number of vacancies."
The appeal was heard on 16-9-2009. The following are present. Appellant Shri Kamal Kant.
Respondents Shri P. S. Ahuja, SO, SSC.
Shri V. K. Aggarwal, Ex-CPIO.
Shri P. S. Ahuja, SO, SSC and present CPIO submitted that incompliance with the decision of this Commission the SSC is now giving out marks in separate papers to applicants and uploading these on their website. He then submitted a letter dated 15.9.2009 address to Shri Kamal Kant in which the paper wise marks have been provided in the following form:-
Name and Roll Number Category Paper wise marks Kamal Kant 1211303 SC Paper-I = 104 Paper-II = 57 Paper- III = 169 Paper-IV = 50 Paper-V = 78 A copy of this letter was also handed over to appellant Shri Kamal Kant who after perusing the same and seeking clarification from CPO Shri Ahuja submitted that he is satisfied.3
DECISION NOTICE Respondents having admitted their shortcoming in responding to the application this appeal is allowed. There will be no costs. Appellant Shri Kamal Kant being now satisfied with the information provided during the hearing the Decision stands complied with and appeal stands disposed of.
Announced in the hearing. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah) Chief Information Commissioner 16-9-2009 Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(Pankaj K.P. Shreyaskar) Joint Registrar 16-9-2009 4