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SIC directs for allowing inspection of records by aggrieved
Appointment of Asst Profs in KU
3/28/2015 12:07:17 AM
Srinagar, Mar 27: The State Information Commission (SIC) has directed Authorities in Kashmir University to allow inspection of official records by an RTI applicant pertaining to the appointment of Assistant Professors in the University for which interviews were held last year. An aggrieved candidate Dr. Suriya Rehman a resident of Bonpora, Batamaloo, Srinagar had filed an application before PIO University of Kashmir dated 16.05.2014 stating that University of Kashmir had advertised posts of Assistant Professor for CORD, for which interview was held on 16.09.2011.
In this connection, she had sought information regarding Name of the members of the interview committee; Marks awarded by each interview committee member to the candidates; Copies of all the publications submitted before the considered authorities by the selected candidate; Details of eligibility criteria and mode of test conducted for assessment of Domain Knowledge and Teaching skills; Details of desirable qualification of all the candidates as per the advertisement notice; Details of distribution of marks for International and National publications to all the candidates and Copy of the syllabus that the selected candidate is supposed to teach.Not satisfied with the PIO's reply, the appellant filed first appeal before First Appellate Authority (FAA) University of Kashmir on 09.07.2014 on the ground that PIO didn't provided her the relevant information.
FAA University of Kashmir adjudicated the First Appeal vide order dated 22.08.2014 directing therein, "whereas the PIO furnished a detailed report in this behalf vide communication dated 21.07.2014 mentioning there under that the available information stands already delivered to the concerned applicant on 02.07.2014. After hearing and going through the available records the Recruitment Section is directed to provide the required information with regard to item 2 & 6 and the PIO is directed to collect he information from the department of CORD with regard to item 7 of the RTI application of the appellant within 5 days positively, under intimation to this office".Again being aggrieved the appellant knocked the doors of State Information Commission (SIC). The SIC received Second Appeal on 15.12.2014 wherein the appellant has stated that she had asked for certified copies of documents and inspection of the concerned document and the information furnished was incomplete and also the inspection was denied.While hearing this case in 19.3.2015 the State Information Commission (SIC) perused document brought on record. The SIC order reads as " PIO has denied information with regard to name of members of interview Committee vide Point No. (1) citing exemption under RTI Act.
The plea of the PIO is upheld as information sought at Point No. (1) attracts Section 8(f) of the J&K RTI Act, 2009 i.e information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given. With regard to Point No. 2, PIO has provided aggregate marks of 5 candidates".The order of the SIC read that The Commission is of the considered view that this information attracts Section 9 of the Act i.e. infringement of copyright subsisting in a person other than state and also Section 8 (e) i.e. information held in fiduciary relationship.
Since appellant has not made any bon-fide argument/case that larger public interest warrants disclosure of this information. The stand taken by the PIO with regard to Point No. 3 is upheld. With regard to Point No. 6, Deputy Registrar vide letter dated 12.01.2015 has submitted that the desired information with regard to the distribution of marks for ISSN bearing Journals and ISBN bearing books is mentioned in the statement already provided to the concerned candidate. Publications in journals are not differentiated on the basis of National/international character. He has further submitted that marks attached to such journals, which are peer reviewed and bear ISSN or books that carry ISBN number. The appellant wanted to confirm whether this is as per stated policy of the University. Accordingly PIO is directed to provide access to the relevant records of this particular policy document as held by Public Authority.
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