CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/000021/7344
Complaint No. CIC/SG/C/2009/000021
Complainant : Samridhi Singh
Qrt No. 62/A, Govt. Colony
P.O. - I.E. GOMIA
Distt. Bokaro - 829112 (Jharkhand)
Respondent : Public Information Officer
National Council for Teacher Education
(ERC) 15, Nikantha Nagar, Nayapalli
Bhubaneshwar - 751012 (Orissa)
RTI application filed on : 06/10/2009
PIO replied : 11/11/2009
First Appeal filed on : Not mentioned
Complaint filed on : 05/01/2010
Information sought:
In regard to:
The B.Ed. Course in the following colleges
Al -Momil College of Education Chirki Bazar Bishnupuram Gaya, Bihar
Nizamia College of Education, Jamalluddin Chak Post Khagaul Dist Patna-801105
Information asked:
1. What is the admission procedure of the colleges? According to the admission procedure,
which high official approves the prepared merit list? What is the stated time period by
which the high official is to submit the merit list?
2. Provide reservation quota list of all applicants from the years 2008-2009 and from 2009-
2010. In the years 2008-2009 and 2009-2010 to state the number of students admitted
from minority quota. Out of which how many students were able to on the basis of merit
were able to secure their position in the general category
3. How many teachers are there in the B.Ed course? And what are their academic
qualifications? What are the crafts techniques of these teachers? What was the selection
procedure for these teachers? Specify the qualifications of the experts who are members
of the interview board for the selection of these teachers Provide signed copies of the
merit list and of the attendance sheet of the candidates present for the interview.
4. What is the pay scale for the payment to the teachers and principal of the B.Ed
programme? Specify details like branch and account number of the bank from which
payment is being made.
5. For admission to the B.Ed programme what is the fee that is to be deposited, category
wise. Is the fee in accordance to the fee administered by the university. Provide certified
copies of the fee receipt of all students admitted in the years 2008-2009 and 2009-2010
6. Is the academic calendar applicable to the college? Provide copies of the academic
calendar and timetable.
Response of the PIO:
All information is provided in the NCTE website.
Grounds for First Appeal:
Not filed
Grounds for Complaint:
Misleading and false information provided by PIO.
Relevant Facts
emerging during Hearing:
Both the parties were given an opportunity for hearing. However, neither party appeared. From a
perusal of the papers it appears that no information has been provided to the Appellant by the
PIO. PIO vide his reply dated 11/11/2009 informed the Appellant that all the information is
available on the website. The Right to Information is fundamental right of the citizens of India
and all the citizens cannot access websites. Therefore the PIO should have offered to supply
photocopies or CD to the Appellant by charging additional fee as per the provisions of the RTI
Act.
Decision:
The Complaint is allowed.
The PIO is directed to give complete point-wise reply to the Appellant
before 25 April 2010.
The issue before the Commission is of not supplying the complete, required information by
the PIO within 30 days as required by the law.
From the facts before the Commission it is apparent that the PIO is guilty of not furnishing
information within the time specified under sub-section (1) of Section 7 by not replying within
30 days, as per the requirement of the RTI Act. He has further refused to obey the orders of his
superior officer, which raises a reasonable doubt that the denial of information may also be
malafide. The First Appellate Authority has clearly ordered the information to be given.
It appears that the PIO’s actions attract the penal provisions of Section 20 (1). A showcause
notice is being issued to him, and he is directed give his reasons to the Commission to show
cause why penalty should not be levied on him.
He will give his written submissions showing cause why penalty should not be imposed on him
as mandated under Section 20 (1) before 30 April 2010. He will also submit proof of having
given the information to the appellant.
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
01 April 2010
(In any correspondence on this decision, mention the complete decision number.) (DR)