O R D E R
1. The Appellant filed an RTI application dated 24.05.2023 seeking information on the following points:
"Ncte Nrcs 311 Meeting Intake Seats Were Reduced To 50 Seats From 100 Seats in BEd And after in Delhi High Court in A Writ NO WPC 11455 Of 2021 information regarding reduced of seats submitted To Hon'ble HC Delhi Then furnish a copy of that letter and also a copy of the letter sent to NRC from the college to reduce seats.
(i) NRC Reduced Seats From 100 To 50 then in session 2020 and 2021 and 2022 and 23 college was allowed to seek 100 seats admission in bed decision taken by Page 1 of 4
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NRC for 100 seats copy of that order according to which illegal admissions were allowed against the own decision.
(ii) 349th Meeting of Nrc decided that the recognition will remain unchanged till new order is issued clear information should be given as to when the decision will be taken to withdraw the recognition.
(iii) Documents uploaded by college with performance appraisal. report 2020 VA 21 online as nonprofit certificate balance sheet for FY 2020 v 21 income expenditure statement for 2020 and 21 and receipt & payment account for FY 2020 & 21 and income & expenditure statement for 2020 & 21 and for consecutive years furnish a copy of each uploaded document respectively
(iv) Letter dated 18 dec 22 from R S Yadav sent by regd post to DIR NRC regarding complaint of said college furnish a copy of decision & action taken report on this Appl…" etc.
2. The CPIO vide letter dated 02.06.2023 transferred the request to Chaudhary Multan Singh College of Education, Mohamadabad, under Section 6(3) of RTI Act, 2005.
3. Dissatisfied with the response received from the CPIO transferring the RTI Application to a private college, the Appellant filed a First Appeal dated 04.06.2023. The FAA vide order dated 04.07.2023 stated that:
" यह नोट िकया गया है िक जन सूचना अिधकारी (उ.े.स.), रा.अ.िश.प. ने आरटीआई अिधिनयम, 2005 के ावधानो ंके अनुसार उपल कराई गई जानकारी उिचत तीत नही ंहोती है। उ# जन सूचना अिधकारी (उ.े.स.) रा.अ.िश.प. को आदेिशत िकया जाता है िक ाथ& 'ारा मांगी गई जानकारी इस आदेश की ा)* से 05 िदवस के भीतर िनशु, उपल कराई जाए। अतः इस /र पर उ# आदेश के 'ारा अपील का िनराकरण िकया जाता है।"
4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 29.07.2023.
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5. The Appellant remained absent during the hearing and on behalf of the Respondent, Sidharth, SO & Rep. of CPIO along with Punit Sahni, then CPIO attended the hearing in person.
6. The Commission took on record the written submission of the Appellant dated 13.09.2024 wherein he has stated inter alia that he received the reply dated 21.07.2023 from the CPIO which contained documents, most of which were found to be irrelevant by him and that even in the revised reply, the CPIO had marked some of the queries under Section 6(3) of the RTI Act to private college when Section 6(3) of the Act is not applicable to private bodies.
7. The Respondent regretted that the reply/information provided to the Appellant on 21.07.2023 could not be provided earlier and after receipt of the hearing notice, the present incumbent has provided another reply to the Appellant on 13.09.2024 incorporating the available information, as has been endorsed to the Commission prior to the hearing.
8. The Commission after adverting to the facts and circumstances of the case, and perusal of records, observes that the transfer of the RTI Application by Punit Sahni, the then CPIO to a private college under Section 6(3) of the RTI Act was grossly inappropriate as Section 2(f) of the Act mandates the public authority to provide the information that is available and under their control or that can be accessed from a private body under any law for the time being in force. The Commission records severe admonition for Punit Sahni, the then CPIO for displaying a sheer lack of knowledge and non-application of mind with respect to the provisions of the RTI Act. The then CPIO and present CPIO are hereby strictly warned against the recurrence of such mindless lapses in the future. As for the information provided by the CPIO, the Commission finds that the repeated lacunae contained in the reply of 21.07.2023 with respect to the mention of Section 6(3) of the RTI Act against some points has been rectified in the reply of 13.09.2024 by providing the available information.
9. Having observed as above and in the absence of the Appellant to plead his case further, no scope of action is pertinent in the matter.
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10. The Appeal is disposed of accordingly.
Copy of the decision be provided free of cost to the parties.
Sd/- (Anandi Ramalingam) (आनंंंदं ी राम लंंगंं म)
Information Commissioner (सूूूचू ना आयुुुु
)
दनांक/Date: 30.09.2024
Authenticated true copy Col S S Chhikara (Retd) कनल एस एस िछकारा, ( रटायड) Dy. Registrar (उप पंजीयक)
011-26180514
Addresses of the parties:
1. The CPIO National Council for Teacher Education, CPIO, RTI Cell,
G-7, Sector -10, Near Metro Station, Dwarka, Delhi -110075
2. B. S. Yadav Page 4 of 4
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Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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