Central Information CommissionÂ
*****
No.CIC/OK/A/2008/00235
Dated: 18 February 2009
Name of the Appellant : Shri R.K. Goyal,
Advocate,
Punjab & Haryana High Court,
Camp Office, Ch. No. 3, Courts Complex,
Tohana, Distt. Fatehabad (Haryana).
Name of the Public Authority : Navodaya Vidyalaya Samiti
Background:
Shri R.K. Goyal of Fatehabad filed an application with the PIO, Navodaya
Vidyalaya Samiti, on 21 April 2007 for getting the following information/documents
related to an examination held for recruitment of the PGT (Maths):
“(i) Certified photocopies of questions, answer sheets and record of
interview, questions asked and answers given & any other matter taken
into account of Ms. Suman Lata, Roll No. 3701031026; & ideal/right
answers in written test & interview;
(ii) Similar (original) record as mentioned above in para 1 of Sr. No. 13, 19,
20, 21, 23, 28, 29, 30, 34, 35, 36, 37, 40, 41, 43, 45, 49, 51, 52, 53 of
(said merit list) panel of candidates, (which was supplied in reply to my
submission dt. 28.03.06) be shown at Tohana in the presence of
concerned PIO of Tohana;
(iii) The panel of candidates (said merit list) given to me in response to my
application dt. 28.03.2006 contains no number & date of its preparation
& its name is not merit list, please inform reason;
(iv) The date of the preparation of panel of candidates (said merit list);
(v) This (said merit list) panel of candidates was not given in reply of my
letter dt. 08.08.2001. Please inform the reason; and
(vi) In my requests dt. 08.08.01 & 05.02.06, I requested for the record of Ms
Suman Lata & selected candidates, but in the decision of CIC No.
CIC/OK/A/2006/00600 dt. 13 March 2007, it is written that I requested
for the record of all the candidates who appeared for the written test.
This wrong version has come from your side; please inform the reason of
this wrong”. [Errors in the language as in the original]
2. The PIO vide his letter dated 17/8 May 2007 replied to the Appellant point-
wise. Not satisfied with the reply of the PIO, the Appellant filed an appeal with
the first Appellate Authority & Secretary, Ministry of Human Resource
Development who vide his letter 17 July 2007 forwarded the Appellant’s First
Appeal to the Commissioner & the first Appellate Authority, Navodaya Vidyalaya
Samiti, New Delhi, with a copy endorsed to the Appellant. The first Appellate
Authority vide his letter dated 9 August 2007 replied again to the Appellant’s fist
appeal point-wise.
3. Still dissatisfied with the decision of the Respondents, the Appellant
approached the Central Information Commission with a Second Appeal on 26
December 2007 which was registered in the Commission on 28 March 2008.
4. The Bench of Dr. O.P. Kejariwal, Information Commissioner, heard the
matter on 31 July 2008.
5. Shri S.B. Sharma, Assistant Commissioner & PIO and Shri Alok Verma, Joint
Commissioner & Appellate Authority and Shri B.C. Panda, APIO & V.O, represented
the Respondents.
6. The Appellant, Shri Raj Kumar Goyal, was present through audio
conference.
Decision:
7. The Commission heard both the sides: the Appellant through audio
conference. The Commission recalled its earlier hearing held on 5 March 2007 and
the Order passed vide file No. CIC/OK/A/2006/00600 dated 13 March 2007 wherein
the Respondents maintained that they had supplied the merit list with marks in the
Written test in respect of selected candidates including Ms. Suman Lata, as desired
by the Appellant. The Appellant also wanted copies of the answer sheets of all the
candidates who appeared in the PGT Maths Exam. The Commission found this a
very unreasonable request. The Commission during the hearing recalled that the
question of disclosure of answer sheets had been heard by the Full Bench of the
Commission on 6 February 2007. The Commission then ordered that the Appellant
should approach the Respondents again depending on the decision of the full Bench
of the Commission whenever it was published.
8. The Commission also observed in the Order dated 13 March 2007 that as
unreasonable as was the request of the Appellant for copies of answer sheets of all
the examinees for the particular exam as was his demand for “certified copies of
complete original records of interviews, that is, the questions put, answers given
and any other matter taken into account of all the candidates called for an
interview”. The Commission was surprised that the Appellant had not seen the
unreasonableness of his demand.
9. As for the present RTI-application filed by the Appellant on 21 April 2007,
the PIO and the Appellate Authority have provided all information to the Applicant
point-wise. The Respondents had even approached Ed.CIL who had conducted the
written test for getting the documents from them. The Respondents were told by
the Ed.CIL that all the documents asked by the Applicant related to the
recruitment of PGT Maths in 2001 had been weeded out as per their weeding out
policy. This was informed to the Appellant. The Respondents also informed the
Commission that the Appellant had earlier taken up this matter to the Hon’ble
Civil Court at Tohana, Distt. Fatehabad on 08 June 2004, and the case challenging
the appointment of Ms. Suman Lata as PGT (Maths) was dismissed by the Hon’ble
Court on 14 December 2005.
10. The Commission was satisfied with the response of the Respondents and so
disposes of the case.
Sd/-
(O.P. Kejariwal)
Information Commissioner
Authenticated true copy:
Sd/-
(G. Subramanian)
Assistant Registrar
Cc:
1. Shri R.K. Goyal, Advocate, P & H High Court, Campus Office, Ch. No.3,
Court Complex Tohana, Distt. Fatehabad (Haryana)
2. Shri S.C. Khuntia, Jt. Secy. & Appellate Authority, M/o HRD, Deptt. of
Secondary & Higher Education, Room No.217, ‘C’ Wing, Shastri Bhawan,
New Delhi
3. Shri Kamal Chowdhery, Director (UT) & PIO, M/o HRD, Deptt. of Secondary
& Higher Education, B-Wing, Gr. Floor, Shastri Bhawan, New Delhi
4. Shri O.N. Singh, Commissioner & Appellate Authority, Navodaya Vidyalaya
Samiti, A-28, Kailash Colony, New Delhi-110048
5. Dr. Rakesh Kumar, Jt. Commissioner (Admn.) & PIO, Navodaya Vidyalaya
Samiti, A-28, Kailash Colony, New Delhi-110048
6. Officer Incharge, NIC
7. Press E Group, CIC