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Decision No. CIC /OK/A/2008/00759/SG/0587
Appeal No. CIC/OK/A/2008/00759/
Relevant Facts
emerging from the Appeal
Appellant : Mr.Ashok Kumar (Senior Instructor),
Dist. Institute of Rural Development,
Jansath Muzaffar Nagar,
Uttar Pradesh-251314.
Respondent 1 : Prof. Rocket Ibrahim,
PIO,
Jamia Millia Islamia,
Maulana Mohammad Ali Jauhar Marg,
New Delhi-110025.
RTI filed on : 25/01/2008
PIO replied : 25/02/2008
First appeal filed on : 24/03/2008
First Appellate Authority order : 17/04/2008
Second Appeal filed on : 02/05/2008
Information Sought:
The Appellant had filed an appeal in connection with Advt No. 01/2006-07 dated 28-04-06 of Jamia
Millia Islamia, ND for the post of ‘Reader’ in the Dept. of Adult & Continuing Education &
extension. Queries are as follows:
1. Name of Applicants with full addressed received in response to the above mentioned above.
2. Name of the candidates who were called for the interview after screening of the application.
3. Name of the candidates appeared before the Selection Committee held on 27-11-06.
4. Final results of the interview.
5. Certified copies of all above documents.
The PIO Replied:
“We are in the process of gathering the desired information and sent the same to you at the
earliest”
The First Appellate Authority Ordered:
It is relevant to mention that the recommendations of the Selection committee for the post of Reader
(Adult & Continuing Education & Extension) held on 27-11-06 were not accepted by the Executive
Council which is the appointing authority of the University. Resultantly, in term of status 25(6), the
matter has been referred to the President of India for final decision thereon. As a consequence in term
of Section 8 of the RTI, it shall not be possible till a final decision has been by the President of India,
who happens to be the Visitor of the University.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr.Ashok Kumar
Respondent: Dr. Mini Thomas , PIO
The respondent has wrongly refused to give the information based on the misconception that
rules of the University can have precedence over the RTI act. The PIO is warned that denial
of information can only be as per the provisions of the RTI act, and such frivolous denials
would attract the penal provisions of Section 20 (1) of the Act.
Decision:
The appeal is allowed.
The PIO will give the information to the appellant 20 December, 2008.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties
Shailesh Gandhi
Information Commissioner
17th December, 2008
(For any further correspondence please mention the decision number given above, for
quick disposal.)