SIC-K/SA/33/2012/233 - State Information Commission
SIC-K/SA/33/2012/233 - State Information Commission SIC-K/SA/33/2012/233 - State Information Commission
assessment sheets are destroyed after semester exams as we allow to showing the internal assessment papers to the students immediately after the test paper is evaluated”. The appellant while concluding the illustration and explanation of “incomplete information” has further requested the Commission to direct the respondent to provide evidence on affidavit alongwith University rules/statutes that the papers have been destroyed after showing to the RTI applicant. under:- The Commission after hearing the parties and perusal of records on file has decided as Finding of the Commission with regard to Query No. (IX) and (XIII) to (XIX), as narrated above, is that these do not fall under the definition of “information” under Section 2 Sub-Section (d). The Act has not only defined “information” but also the “Right to Information” of the citizen, as defined under Section 2(i) (i to iv). Hence this does not fall under the Act. This issue of what constitutes all information has also come under the consideration of various High Courts including Hon’ble Supreme Court which have been provided answer in the negative. Second point in the appeal is regarding Q (XI) of the RTI application wherein applicant has sought list of research scholars who have completed M Phil/PhD from the start of the Department till date mentioning their date of exam/date of joining/registration date of awarding degree, teaching experience i.e. the period during they were or currently teaching in the University officially or unofficially. The appellant submitted that the information supplied to him is incomplete in respect of date of examination, date of joining/registration and date of awarding degree. FAA in his order dated 29.06.2012 had directed PIO to elaborate this limb of information which the PIO has failed to do. PIO is directed to give this part of information which falls under the definition of “information” and “Right to Information”. If any part of this information is not available, PIO shall make a self-attested statement and the FAA is directed to ensure that directions given in his order dated 29.06.2012 are complied with within 30 days from the receipt of this order. Regarding Q (XII) pertaining to furnishing of copy of answer sheets to the information seeker of all M.Sc semesters including the internal assessment, respondent has filed an undertaking which is reproduced as under:- “I, Prof. Syed Fayaz Ahmad, Registrar University of Kashmir do solemnly affirm and declare as under:- 4
1. That as per the University statutes the record of the internal assessments (including answer books) shall remain in the custody of HOD/Principal of the College as the case may be. The said statutes also provide that it shall be open to inspection by the University for a period not exceeding six months after the date of declaration of result of particular University Examination. 2. That the University does not maintain the record of such type of Examination material after the expiry of six months and normally such type of material is thereafter destroyed or put to auction. 3. That as per the practice the award roll of such assessment Examinations are shown to the students immediately after the same are evaluated and displayed on the notice board.” A copy of this undertaking be provided to appellant. Regarding external exam papers, FAA and PIO submitted before the Commission that as per the practice the answer sheets were retained for 2 years and thereafter destroyed. Presently Statute provides that answer sheets are destroyed or auctioned after retaining them for one year. However, appellant insists that the information was asked by him on 23.05.2010 and that despite lapse of more than 2 years the information has not been given to him. PIO is directed to confirm or reject this plea. From the perusal of the records this information has not been given to the RTI applicant. PIO submitted that it is on the website of the University. This factual statement should be provided to the RTI applicant alongwith remaining part of reply to Q (XI). FAA, PIO and appellant are expected that for complying with provisions of State RTI Act, they are required to have fair knowledge of provisions of the said Act. This is necessary to save precious time of various Public Authorities, Commission and public at large. What has emerged from the records which have been brought on the file is that unfortunately there have been substantial deficiencies in understanding this important legislation and its import. This Act has come into existence since March 2009 and Commission has started its functions from March 2011. The Commission undertook vigorous campaign to make public authorities, designated officers and public at large to understand and appreciate the Act which is one of the briefest Act but serious attention is still lacking. An Institution like Kashmir University which imparts training in law, and its implementation is expected to be torch bearer to make people understand this Act. Similarly, information seekers have also been found lacking in appreciation of the provisions of this Act resulting in wastage of precious time of Public Authorities as well as the Commission. It is 5
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- Page 3: complete information” and had req
assessment sheets are destroyed after semester exams as we allow to showing the internal<br />
assessment papers to the students immediately after the test paper is evaluated”.<br />
The appellant while concluding the illustration and explanation of “incomplete information”<br />
has further requested the <strong>Commission</strong> to direct the respondent to provide evidence on affidavit<br />
alongwith University rules/statutes that the papers have been destroyed after showing to the RTI<br />
applicant.<br />
under:-<br />
The <strong>Commission</strong> after hearing the parties and perusal of records on file has decided as<br />
Finding of the <strong>Commission</strong> with regard to Query No. (IX) and (XIII) to (XIX), as narrated<br />
above, is that these do not fall under the definition of “information” under Section 2 Sub-Section<br />
(d). The Act has not only defined “information” but also the “Right to <strong>Information</strong>” of the citizen, as<br />
defined under Section 2(i) (i to iv). Hence this does not fall under the Act. This issue of what<br />
constitutes all information has also come under the consideration of various High Courts including<br />
Hon’ble Supreme Court which have been provided answer in the negative.<br />
Second point in the appeal is regarding Q (XI) of the RTI application wherein applicant<br />
has sought list of research scholars who have completed M Phil/PhD from the start of the<br />
Department till date mentioning their date of exam/date of joining/registration date of awarding<br />
degree, teaching experience i.e. the period during they were or currently teaching in the<br />
University officially or unofficially.<br />
The appellant submitted that the information supplied to him is incomplete in respect of<br />
date of examination, date of joining/registration and date of awarding degree.<br />
FAA in his order dated 29.06.<strong>2012</strong> had directed PIO to elaborate this limb of information<br />
which the PIO has failed to do. PIO is directed to give this part of information which falls under the<br />
definition of “information” and “Right to <strong>Information</strong>”. If any part of this information is not available,<br />
PIO shall make a self-attested statement and the FAA is directed to ensure that directions given<br />
in his order dated 29.06.<strong>2012</strong> are complied with within 30 days from the receipt of this order.<br />
Regarding Q (XII) pertaining to furnishing of copy of answer sheets to the information<br />
seeker of all M.Sc semesters including the internal assessment, respondent has filed an<br />
undertaking which is reproduced as under:-<br />
“I, Prof. Syed Fayaz Ahmad, Registrar University of Kashmir do solemnly affirm<br />
and declare as under:-<br />
4
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