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  • u/s 2(h) of the RTI Act.
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  • u/s 2(h) of the RTI Act.
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    Kishan Gehlot v. Cpio

    The appellant has sought the following information in respect of Lachoo Memorial College of Science & Technology, Jodhpur:

    1. When did the above said college became autonomous college? Whether after becoming autonomous college, it has become a private college.

    2. What was the fee of B.Sc stream before the said college became autonomous. What is the present fee of B.Sc stream. Provide the details of increase in the fees. Give reasons for the said increase.

    3. Details of fees and other charges payable by students before and after the college became autonomous institution.

    4. And other related information.

    Grounds for Second Appeal

    The CPIO did not provide the desired information.

    Submissions made by Appellant and Respondent during Hearing:

    The appellant was not present at the VC venue and as per the speed post acknowledgment no. ED488280445IN, on 12.10.2020 the notice was kept on hold due to door locked from 25.09.2020 and finally delivered on 12.10.2020. In his second appeal he had mentioned that he is not satisfied with the reply and he should be given complete information by the CPIO.

    The CPIO Bhopal submitted that a reply was given on 27.12.2018 with regard to point no. 10 of the RTI application as this related to their office. He further submitted that the RTI application was received with the FAA's order through e-mail. On a query, the CPIO Delhi submitted that the College is a private college.

    Observations:

    On a perusal of the record, it was noted that the CPIO vide letter dated 30.09.2020 informed the appellant on point no. 1 of the RTI application that Lachoo Memorial College of Science & Technology, Jodhpur was given autonomous status in 2012-13. When autonomous status was given, the college was a private college and the status is the same after autonomous status also. Further, in respect of points no. 2 to 9 it was informed that the information sought is related to the concerned college. In respect of point no. 10 the CPIO had informed that the information sought is related to the UGC Central Regional Office, Bhopal, M.P.

    It was also noted that the FAA vide his order dated 26.12.2018 held that the CPIO had replied to the RTI application on 13.12.2018, by providing information in respect of point no. 1 of the RTI application and directing the applicant to get information from points no. 2 to 9 from the college concerned to which the information pertains. In respect of point no. 10, UGC CRO Bhopal was directed to provide the information to the appellant regarding fund released to the college after conferment of autonomous status, within 7 working days.

    In compliance with the FAA's order, the CPIO CRO Bhopal provided a reply on 27.12.2018 in which the fund details were given.

    It is relevant to mention here that the CPIO had rightly advised the appellant to obtain the information in respect of points no. 2 to 9 from the College, as prima facie the information sought relates to the College. The College being a private and autonomous organisation is therefore outside the purview of the RTI Act.

    DECISION

    The Commission observed that suitable replies were given by both the CPIOs on points no. 1 and 10. Moreover, there is no ground to further intervene in the matter as points no 2 to 9 are related to a College which is not a public authority u/s 2(h) of the RTI Act. Therefore, no further action is called for.

    The appeal is disposed of accordingly.

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    Comments

    Kishan Gehlot v. Cpio
    (Oct 13, 2020)