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SIC directs SSRB to provide info of viva voce under RTI
Selection of Forest Guards
7/22/2014 10:45:34 PM
Early Times Report

Srinagar, July 22: The State Information Commission (SIC) has directed the State Services Selection Recruitment Board (SSRB) to provide information of viva voce to an information seeker who has sought these details under the Right to Information Act (RTI).
The information seeker was dropped during the selection process of forest guards by SSRB some months back and this prompted him to file RTI query . The SSRB did not provided the requisite information with the result he moved an appeal before SIC.
Fayaz Ahmad Kuthoo of Dara Harwan Srinagar filed second appeal before SIC on 16.06.2014. Abdul Gaffar Zargar, AO-cum-PIO, SSRB, attended the hearing at SIC office on July 10 last. The appellant also attended the hearing . As per the documents available with Early Times, the appellant was a candidate for the post of forest guard. He appeared in written test as well as viva voice conducted by SSRB but he was dropped. Accordingly, he wanted copies of answer sheets of the seven selected candidates under RBA and his own answer sheet. In addition to, the appellant sought copies of his viva voce marks sheet and those of the selected candidates. The Public Information Officer (PIO) intimated the appellant vide his order No: SSB/Div/K/RTI/04/14/60-61 dated: 10.2.2014 that the Board was in the process of selection, therefore, information at this time was not complete. However, the cut point of each category was available on the official website of the SSRB and the merit of the applicant was communicated to him. This order was passed after obtaining assistance from the Assistant PIO( APIO). The appellant not being satisfied with this reply preferred first appeal before the First Appellate Authority (FAA) . The FAA disposed of the first appeal by and large confirming the PIO's order. However, he had advised the PIO to provide the balance information.
After he moved SIC, it ordered: "From the records it is found that remaining information has not been provided to the appellant so far. Therefore, appellant approached State Information Commission (SIC) with second appeal requesting the Commission for passing a direction for full disclosure of the information. The Commission has found that the information sought was givable under the Act. However the Commission, after enquiring from the PIO and his assistant, has been informed that on the date when RTI application was made, the selection process was not fully complete. Prima facie part of information falls under section 11 of the State RTI Act, therefore, PIO's attention is invited to section 11 of the State RTI Act because the information so asked pertains to seven different selected candidates on the basis of their written answer scripts and viva voce"
"The PIO will seek objections from the selected candidates within 10 days and if no objection is filed then the PIO is directed to provide the answer sheets of all the seven candidates to the information seeker. Similarly, if the third party objects for disclosure of their answer sheets then the PIO has to give a final finding whether the information so sought is in public interest and if it is in public interest then information has to be disclosed notwithstanding the objections, if any, given by the third party. Regarding the information at point No 2 i.e providing the marks sheet of the viva voce of the applicant and xerox copies of the original individual award sheets of viva voce of the above seven selected candidates under RBA category, the Commission holds that this is direct information and it is not a third party information. Therefore, this information be also provided within five days from the receipt of this order. However, names and designations of the experts and members and chairman of interview board are not to be disclosed in view of the prohibition laid down in section 8 of the State RTI Act. The Commission has also been informed by the PIO that for obtaining copies of answer sheets, the SSRB has fixed a fee of Rs 50 per script. This fee be obtained from the information seeker and information," the SIC order added.
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