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| DC Pulwama denies copies of answer books under RTI | | Selection of Medical Officers under NRHM | | Early Times Report
Srinagar, May 10 : The Deputy Commissioner Pulwama has denied to provide copies of the answer books to an aggrieved unani doctor under Right to Information Act (RTI) who alleges that corruption and favoritism has prevailed while the Medical Officers were being selected under National Rural Health Mission (NRHM) AYUSH programme in block Pampora of Pulwama district in south Kashmir few months back . The Unani doctor had filed an application under State RTI Act before Chief Medical Officer (CMO) Pulwama some months back and the CMO has forwarded the same to the office of Deputy Commissioner Pulwama who denied to provide the information on the pretext that information sought is personal information (section 8 (1) (i) of J&K RTI Act 2009) .
Pertinent to mention that a written exam was held before the interview process began and the unani doctor alleges that some blue eyed candidates were given more marks than what they actually -deserved. Details available with Early Times reveal that one Dr Asrar Ahmad Wani a Unani doctor filed an application under J&K RTI Act on March 22, 2014 before Chief Medical Officer (CMO) Pulwama seeking information regarding selection of Medical Officers NRHM (Ayush) male candidates of Block Pampore.
While appearing before the State Information Commission (SIC) the appellant gave a reference of earlier RTI application dated 03.03.2014 and stated that information provided in reference to that application was incomplete.
The RTI application dated 22.03.2014 has been responded to by the CMO Pulwama on 09.04.2013 wherein some information sought has been responded to and information in respect of providing copies of answer books of some candidates has been denied by invoking section 8(1)(i) of the J&K RTI Act, 2009. The denial has come from the Deputy Commissioner Pulwama who is also the Chairman of selection committee for doctors and other staff appointed under National Rural Health Mission (NRHM).
The DC happens to be Chairman of District Rural Health Society as well which operates under NRHM. Aggrieved by the order of the PIO, the appellant filed appeal before the State Information Commission (SIC) on 16.04.2013 stating that following information has not been provided by the PIO: - Photocopies of answer books of Mohammad Iqbal Wani, Gulzar Ahmad Gular and Asrar Ahmad Wani showing marks obtained by each in written test out of aggregate of 40. Photocopy of selection list of male candidates for the post of Medical Officer AYUSH RBSK (NRHM) Block Pampore district Pulwama showing merit of each out of aggregate of 100 (academic+ written+ Interview) authenticated by Selection Committee in response to the said advertisement".
SIC order of May 5 reads as : " Upon perusal of documents by SIC it has been found that fee accompanying RTI application dated 03.03.2014 is not in accordance with J&K RTI Rules 2012 and therefore no cognizance has been taken of that RTI application or the First Appeal related to it by SIC .
The Commission took cognizance of RTI application dated 22.03.2013 only. However the appellant has not filed First Appeal as required under Section 16(1) of the Act and instead approached the Commission directly with an Appeal. Since proper procedure of appeal as laid down under section 16 of the Act has not been followed by the appellant, the Commission cannot take cognizance of appeal.
The Commission has noted that information in respect of Point No. 1 has been sought by the Chief Medical Officer Pulwama from District Development Commissioner (Chairman District Rural Health Society) Pulwama stating
that answer papers are lying in his custody. This information has been denied by the DDC (Chairman DRHS) Pulwama invoking Section 8(1)(i) of the Act vide letter dated 07.04.2014. Therefore, in this case, the appropriate FAA would be DDC Pulwama, whose office is holding the information. In view of above, the appellant is advised to file First Appeal before District Development Commissioner Pulwama.
DDC Pulwama (Chairman District Rural Health Society) who shall admit the appeal and adjudicate the same within prescribed period to be reckoned from the date of issuance of this order after giving an opportunity of being heard to both the parties i.e. appellant as well as PIO.
The appellant shall be at liberty to file Second Appeal before the commission in case he is aggrieved by the order of the First Appellate Authority (FAA) . Registry to issue show cause notice to PIO/CMO Pulwama for his non-appearance in the Commission. " When contacted noted RTI and political activist Dr Raja Muzaffar Bhat said that DC Pulwama cannot invoke section 8 (1) (i) in this case .
It is a matter of transparency and accountability , when any RTI applicant can get copies of answer books from PSC or University belonging to any candidate , how can DC deny to provide the same to an applicant who seems to be an aggrieved candidate himself . Section 8(1) (i) talks of personal information and the DC has wrongly invoked this section , answer scripts are a public document and this is not a personal information at all ." |
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