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Decision No. CIC/SG/A/2009/002606/5841Adjunct
Appeal No. CIC/SG/A/2009/002606
Relevant Facts
emerging from the Appeal:
Appellant : Mr. K. Srinivasulu
D.NO.349, torwa Vivekanand Nagar,
Near Shiv Mandir, Bilaspur,
Chhattisgarh - 495004
Respondent : Public Information Officer
Kaushalendra Rao Law College
Bilaspur, Chattisgarh 495001
RTI application filed on : 25/04/2009
RTI transferred on : 29/04/2009 to Principal, Kaushlendra Rao Law
University.
PIO of (KRLC) replied on : 10/05/2009
First appeal filed on : 27/05/2009
First Appellate Authority order : Not mentioned
Second Appeal received on : 14/10/2009
Date of Notice of Hearing : 29/10/2009
Hearing Held on : 11/12/2009
The Appellant had sought following information from PIO, Guru Ghasi Das University:
Sl. Information Sought PIO’s Reply
1. Whether the college under the jurisdiction of Guru Kaushalendra Rao Law College Bilaspur
Ghasi Das University, which provides L.L.B. provides full time courses. It also takes
courses run part time or full time only. extra classes if an when required.
2. Whether the functioning of such college adhere to The College is affiliated to the Guru
the guidelines of the Bar Council of India. Ghasidas University and also to the Bar
Council of India.
3. To what extent the college and University is The College provides education to students
responsible for imparting educating to all those employed elsewhere but they are required
students who are full-time working employees with to give information about their employment
the central and state Government and without in the admission from at the time of taking
producing the permission/no objection from their admission in the college. If in employment
employers and persuing L.LB courses. they have to furnish permission time the
prescribed authority.
4. Whether the university has in past/present taken No case has been brought to our notice of
any action against those students who were found action against students under employment.
to be in full time/pat time service and were
persuing the L.Lb courses with the colleges under
Guru Ghasi Das University without the no
objection / permission from their concerned
employers.
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5. Whether the university has any guidelines The student has to attend 75% of the
rules/byelaws to the effect that the degrees of the classes held and the Principal has been
students who have concealed the status of authorized to condone shortage or
employment for pursuing the courses of L.LB attendance in proper cases.
degree be cancelled. annulled, of no, the action the
university proposes to take against such students.
6. As per the rule the number of days, the attendance No occasion has arisen at any time to get
of each and every students are mandatory for being information about guide line or rules.
full-time L.LB courses in each and every academic
session.
7. Whether the following students have supplied the The students mentioned in Para-7 of your
no objection/permission from their employers to letter from a to g were students of the
persue full/part time L.LB course, if yes, provide college and they have filed permission in
the copies of such no objection/permission. the college from their authorities. The
a. Mr. P.K.B.Meshram Dy.CVO(S) SECR college does not doubt the information
b. Mr. S.M.Gondane VO(T) SECR furnished by the student and the question of
c. Mr. A.Ramesh Babu Sr. Clerk SECR verification does not arise.
d. Mr. Amrendra Dey Sr. Steno SECR
e. Mr. G. Rama Subraminium PI-II SECR
f. Mr. P.K.Saluja Sr. Clerk SECR
g. Mr. M.V.Prasad Head Clerk SECR
H . Mrs. Anita Mishra BookingClerfk SECR
8. The Actual status of attendance as per the record of It is further submitted that Kaushlendra
the colleges/university of the above mentioned Rao Law College does not receive
students. maintenance grant or financial aid from the
9. Whether the university/colleges have any mode of Govt. and therefore it does not count under
the verification of the information regarding the definition of prescribed authority. Hence
status of employment furnished by the student at information seekers may be informed
the time of admission to the L.LB courses. accordingly that the college is not liable to
furnish information. The college is
affiliated to the University but the
University does not interfere in the
administration of the college.
First Appeal:
Incorrect information supplied by the colleges.
Order of the FAA:
Not mentioned.
Ground of the Second Appeal:
False and misleading information supplied by the PIO.
Relevant Facts emerging during Hearing dated 11/12/2009:
The following were present:
Appellant : Mr. K. Srinivasulu on video conference form NIC, Bilaspur Studio;
Respondent : Mr. R.S. Garhewal, Mr. S.K.Pandey, PIO and Mr. A.P.Soni PIO of D.P. Vipra
College on video conference form NIC, Bilaspur Studio;
The D.P.Vipra Law College PIO will give the information to the appellant in writing that
Mrs. Anita Mishra had not been given admission this year because she failed to submit
permission from the employer. The PIO of D.P.Vipra College will also provide the photocopy of
the attendance records of Mrs. Anita Mishra to the appellant.
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The PIO of Kaushlendra College is directed to provide a copy of the permission given by the
employer to the students to attend the college. The PIO of Kaushlendra College is also directed
to provide whether any actions have been taken against the students who had not submitted
permissions from their employers. The PIO is also directed to provide photocopy of the
attendance sheets to the Appellant.
The FAA has made comments which are completely unwarranted and is warned to deliver orders
after due application of mind based on the merits of the case.
Decision dated 11/12/2009:
The Appeal was allowed.
The Commission directed the PIO D.P. Vipra Law College to give the information to the
Appellant in writing that Mrs. Anita Mishra had not been given admission this year because she
failed to submit permission from the employer. The PIO of D.P. Vipra College will also provide
the photocopy of the attendance records of Mrs. Anita Mishra to the appellant. The PIO of D.P.
Vepra College will give this information to the appellant before 30 December 2009.
The PIO of Kaushlendra College was directed to provide a copy of the permission given by the
employer to the students to attend the college. The PIO of Kaushlendra College was also directed
to provide whether any actions have been taken against the students who had not submitted
permissions from their employers. The PIO was further directed to provide photocopy of the
attendance sheets to the Appellant. The PIO of Kaushlendra College was directed to give this
information to the Appellant before 30 December 2009.
The Commission issued a show cause notice to the PIO of Kaushlendra College as the complete
information was not provided within 30 days as required by the law. The PIO of Kaushlendra
College was directed to present himself before the Commission on 6 January 2010 at 11.30am
alongwith his written submissions showing cause why penalty should not be imposed on him as
mandated under Section 20 (1).
Relevant facts arising during the show cause hearing held on 06/01/2010:
The following persons were present:
Appellant: Absent
Respondent: Dr. Abhay Surya Sinha, Prof-in-charge on behalf of the PIO of the college with
authority letter
Dr. Sinha submitted that copies of the permission letters had already been provided to the
Appellant initially. However, he is unable to provide proof of the same. He has once again sent
copies of permission letters and has submitted copies to the Commission as well. He has brought
copies of the attendance records of the seven students but it is only of the first year. The
Commission directs the PIO, Kaushalendra Rao Law College to provide photocopies of the
entire attendance records of the seven students for the whole time they have been in the College.
These copies must be sent to the Appellant before 20 January 2010.
Shailesh Gandhi
Information Commissioner
06 January 2010
(In any correspondence on this decision, mention the complete decision number.)(RM)
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