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Decision No. CIC/SG/A/2010/002608/9988
Appeal No.CIC/SG/A/2010/02608
Relevant Facts
emerging from the Appeal
Appellant : Mr. Hakam Singh
J-510/8, Sector-16,
Rohini, New Delhi-110089.
Respondent : Public Information Officer and OSD
NDMC, GNCT Delhi
Navyug School Education Society,
N.P.Primary School,
Hanuman Lane, New Delhi-110001.
RTI application filed on : 22/01/2010
PIO replied : 12/03/2010
First appeal filed on : 26/07/2010
First Appellate Authority order : 19/08/2010
Second Appeal received on : 16/09/2010
Hearing notice sent on : 05/10/2010
S. No Information Sought Reply of the Public Information
Officer (PIO)
1. In what way the quoting of Supreme Court Order by NSES is The petitioner has sought opinion,
relevant to non-implementation of GOI orders/ DOPT reason, etc which is not covered under
instructions and PM's directives on filling the backlog of the definition of the term 'information'
reserved vacancies in a time bound manner by a target date in section 2(f) of the RTI Act, 2005.
of 30/09/2006.
2. Is it not their efforts to defend their lapses committed in The petitioner has sought opinion,
filling the backlog reserved post by flouting GOI Orders and reason, etc which is not covered under
taking their own extra ordinary measures not permitted by the definition of the term ‘information’
DOPT. in section 2(f) of the RTI Act, 2005.
3. The NSES is making regularization of contractual The petitioner has sought opinion,
appointment as an issue to defend their illegal actions. The reason, etc which is not covered under
Main issue is illegal appointment on contract basis against the definition of the term ‘information’
the sanctioned regular posts and non-compliance of DOPT in section 2(f) of the RTI Act, 2005.
Orders, which is done deliberately with their sole aim to
protect their own general candidates occupying the reserved
Posts meant for SCs/STs.
(i) Reasons for not taking any action against the delinquent
NSES Education Officers by the Chairman, NDMC for
giving misleading information to defend their irregularities
and thus causing problems for SCs, NDMC and the Home
Ministry DOPT.
4. (a) Details of backlog of reserved vacancies of PGT post Pertains to NDMC.
wise identified and filled in both direct recruitment and in
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promotion before and after the amendment of RRs
24/03/2008, abolishing direct recruit and providing 100%
departmental promotion.
5. Certified copy of the NSES proposal for abolition of direct No such record is available in Delhi-II
recruit and File noting relating to the proposal approved by Desk of this Ministry.
the Chairman and BOG of NSES/NDMC Council/Ministry
of Home Affairs.
6 Details of SC and General candidates PGT post wise in Pertains to NDMC.
position in 2005, 2006, 2007, 2008 and 2009.
7 (a) Whether the instructions provided in DOPT OM No. Pertains to NDMC.
AB/14017/22/89-Estt(RR) dated 15/05/1989 mentioning that
while framing/amending rules, the interest of SCs/STs are
not adversely affected, were kept in view while amending
RRs aimed to block the entry of direct recruit and also not to
fill up the backlog of reserved vacancies.
(b) If the above was being followed then details of the same.
(c) Action proposed to be taken against NSES for damaging
the appellant’s career and violation of the order of GOI-
DOPT OM No. AB/ 14017/22/89-Esst(RR) dated
15/05/1989.
8. (a) Incorrect information provided by the NSES Officers Pertains to NDMC.
regarding the appointment of SC TGT teachers.
(b) same as 7(c) above.
9. Certified copies of NSES Proposal for Contract appointment No such record is available in Delhi-II
of TGT/ PGT and Clubbing Special recruitment drive Desk of this Ministry.
appointees of 2005, 2006, 2007 and 2008 with the current
recruitment of General Candidates and File noting of the
proposal approved by the Chairman, BOG of NSES and
Ministry of Home Affairs.
10. Copy of the list of TGT teachers — SC/ST and General Pertains to NDMC.
Category selected as well as not selected on regular basis
with regard to their academic qualifications, experience,
marks obtained in written tests and Interview for
transparency of fairness in the recruitment to TGT Posts on a
regular basis.
11. The appellant has expressed his grievance regarding the The petitioner has sought opinion,
contract appointment of the SC teachers by Special Drive reason, etc which is not covered under
continued for a time longer than required. the definition of the term ‘information’
in section 2(f) of the RTI Act, 2005.
12. The appellant has questioned the conduct of the NSES The petitioner has sought opinion,
Officers of clubbing the backlog vacancies with recruitment reason, etc which is not covered under
of General Category teachers. the definition of the term ‘information’
in section 2(f) of the RTI Act, 2005.
13. The appellant alleges misleading and incorrect information The petitioner has sought opinion,
provided by the NSES. reason, etc which is not covered under
the definition of the term ‘information’
in section 2(f) of the RTI Act, 2005.
14. Action taken by NSES to fill that post wise PGT level 14- Pertains to NDMC.
Backlog vacancies identified and filled as per the DOPT 14(a) – The petitioner has sought
orders on Special Drive. opinion, reason, etc which is not
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(a) Action taken by the Ministry against NSES regarding covered under the definition of the
non-compliance with DOPT OM No. 36038/1/2004- term ‘information’ in section 2(f) of
Estt(Res.)dated 03/10/2006 . the RTI Act, 2005.
15. (a) Certified copy of the views/ opinion offered by the Pertains to NDMC.
Former and present Liaison (SCs/STs) on compliance of
Orders/Instructions of DOPT on Special Drive on important
decision taken by COS/PMs directives on special drive.
b) Certified copy of the views/ opinion of the Former and
present (SC/ST) on Contractual Appointment and Clubbing
of backlog reserved vacancies of 2005, 2006 and 2007 with
the recruitment of General Candidates in 2008.
(c) Certified copy of the views/ opinion of the Former and
present Director (SCs/STs) on the amendment of RRs.
Grounds for the First Appeal:
No reply of the Chairman, NDMC.
Order of the First Appellate Authority (FAA):
The First Appellate Authority (FAA) in its order directed the PIO, NSES to provide the information as per
available record to the appellant within 15 days from the date of issue of the order. The information has to
be provided free of cost through speed post.
Hence, the appeal was disposed off by the First Appellate Authority.
Grounds for the Second Appeal:
Non-compliance of the order given by the First Appellate Authority.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Hakam Singh;
Respondent: Absent;
The PIO is directed to give the specific information about queries-4, 5, 6 & 9 to the appellant
based on the available records.
Decision:
The Appeal is allowed.
The PIO is directed to give the information on queries-4, 5, 6 & 9 to the appellant
before 20 November 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
02 November 2010
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