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| SSM Engineering College is not Public Authority: SIC | | College not under legal obligation to abide by RTI Act | | Early Times Report
Srinagar, July 16: The State Information Commission (SIC) while issuing a significant order has declared that SSM College of Engineering & Technology Parihaspora Pattan in Baramulla district is not a public authority so the college is exempted to provide information under J&K Right to Information Act 2009 (JK RTI Act 2009) . While issuing the orders the Information Commission Nazir Ahmad said that SSM college is not receiving any grant from the Government , so it cannot be called a public authority.
As per details available one Qaiser Ahmad Shah s/o Ghulam Mohammad Shah a resident of Payeen Malik Aangan Fateh Kadal, Srinagar approached Principal SSM Engineering College, Parihaspora Pattan, Baramulla for supply of records under J&K RTI Act, 2009 regarding particulars of Teachers, length of service with qualification and salary being paid per month to them . The information was sought in respect of teachers working in various streams/departments of the college.
This RTI application was responded to by the Principal SSM College vide letter dated 16.07.2013 stating that in terms of sub-section (d) (e) & (i) of Section (8) and Section (9) of the RTI Act the institute is exempted from disclosure of any such information. Aggrieved by the response of the PIO, information seeker filed a complaint before the State Information Commission (SIC) on 06.09.2013 alleging that the Principal concerned deliberately avoided to provide the information on the pretext that his Institution is exempted from disclosure of such information.
He also stated that information required being purely of routine nature should have been provided without any excuse.
The complainant accordingly sought intervention of the State Information Commission (SIC) and punishment of the defaulter within the provisions of the State RTI Act. The Commission vide notice dated 01.10.2013 asked the complainant to explain with documentary evidence as to how the College falls within the definition of Public Authority as define under Section 2(f) of the J&K RTI Act, 2009 within a period of ten days. Similarly, Commissioner/Secretary to Government, Higher Education Department was asked to intimate as to whether the said Engineering College is receiving financial aid from the government. No specific response was received from the complainant in response to the notice referred to above. However, Higher Education Department through Financial Adviser cum Chief Accounts Officer vide letter dated 29.11.2013 informed the Commission that their Department has not so far provided any financial Aid/Grant-in-Aid to SSM Engineering College, Srinagar out of non-plan. However, in response to the notice of Commission dated 01.02.2014, complainant vide communication dated 19.02.2014 invited attention of the Commission to Section 4(a) of the RTI Act, by virtue of which every Public Authority is under legal obligation to ensure that all the records are computerized and connected through network all over the State on different systems so that access to such records is facilitated especially when the matter involves larger public interest because of the reasons that College authorities pay meager monthly salary to the teaching staff who possess qualification of Graduation/Post Graduation.
During proceedings in the Commission on 12.06.2014, Shri Gh. Mohi-ud-din Mir, Principal SSM College submitted that they have not received complaint under reference so far and sought 10 days time for filing reply to the complaint, which was granted. Thereafter the Principal vide letter dated 19.06.2014 submitted his reply as under: -
1. "The Institute namely "SSM College of Engineering & Technology" is a private self financing Institute managed by a Trust with no aid or funding directly or indirectly by the Central/State Government or by any other Public Organization/Agency.
2. All the assets of the Institute like land, building, other infrastructure etc. are self owned belonging to the Trust. Hence the Institute does not come under the ambit of the J&K Right to Information Act, 2009. The details of the pay-scales adopted by the Institute for its faculty of different positions stand hosted on its website www.ssmengg.edu.in".
SIC's order reads as :
"The complainant Shri Qiasar Ahmad Shah could not produce any documentary evidence which would substantiate his allegation that SSM College is a Public Authority as defined under section 2(f) of the Act. Higher Education Department vide communicated dated 29.11.2013 has informed the Commission that no financial grant is provided to the SSM College. Principal SSM College has also categorically rejected that they receive any grant in Aid from the Central/State Government and that the assets of the Institute are self owned and belonging to the Trust. In view of above facts, it is held that SSM College of Engineering does not fall within the definition of Public Authority as defined under section 2 (f) of J&K RTI Act 2009. The Institute has however, voluntarily disclosed the pay scales adopted by the Institute for its faculty on its website at www.ssmengg.edu.in. The website was checked and it was found that relevant information with regard to pay scales has been hosted on this website. In view of above facts and findings the complaint filed before the Commission is dismissed". |
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