Tuesday, October 28, 2008
New Delhi (PTI): A government employee's educational qualification or details of degrees acquired by him while in service cannot be withheld from an RTI applicant on the grounds of being "personal information", the CIC has held.
Hearing the plea of Lt Col Parvinder Ahluwalia, Information Commissioner Satyananda Mishra said that as educational details of the government employees are in public domain and can be provided under RTI. Ahluwalia had sought information about the legal qualification of Lt Col Mahender Singh Yadav.
He wanted to know the name of the college from where Yadav acquired his Law Degree, the year of his joining the course, the name of the University, whether official permission was required for his joining the course while in service and whether the official nod was granted to him for pursuing the degree course.
The Army refused to share information under section 8 (1) (j) of RTI Act saying "being personal information the disclosure of which has no relationship to any public activity or interest, or it should cause unwarranted invasion of the privacy of the individual."
Ahluwalia pleaded that exemption of educational qualification from RTI was unjustified. He argued that any information which cannot be denied to the Parliament or a state legislature may not be denied to any person. He asserted that the information sought by him is such that it is liable to be given to Parliament.
Wednesday, October 15, 2008
Press Trust of India
Friday, January 25, 2008 7:42 PM
New Delhi: The country's apex cricket governing body BCCI could not be made accountable to provide information to citizens under the Right to Information law, the Central Information Commission (CIC) has held.
In a recent order, the CIC rejected a citizen's plea to seek from the Board of Control for Cricket in India (BCCI) certain information about its affairs.
Nagpur-based Anil Chintaman Khare in his RTI application had submitted that BCCI was registered under the Societies Registration Act and should be termed a "public authority" for the purposes of making it accountable under the transparency law.
The BCCI, however, contested the applicant's claim stating that despite being registered under the Tamil Nadu Societies Registration Act, it was not constituted under the Constitution or any law made by the Parliament or any state legislature.
Concurring with BCCI's stand, Information Commissioner Padma Balasubramanian said: "Registration under an Act is different from being established under it. Merely because BCCI is registered under the Societies Registration Act, does not bring it under the purview of RTI Act."
In its arguments before the Commission, the BCCI had contended that it did not receive any funds, directly or indirectly, from the Centre and also did not have on its board any nominee from any government.
The applicant said BCCI received a lot of tax benefits from the government and hence should be made answerable to the people of the country.
The Commission came to its decision after finding that BCCI did not fall under any of the categories required to bring any public office under the RTI Act.
Posted: May 03, 2008 at 2213 hrs IST
New Delhi, May 2: While a school that’s not aided by the Government can refuse to divulge information regarding its management, under the RTI, it cannot deny parting with details regarding its affiliation with the CBSE, the Central Information Commission (CIC) has ruled.
Information Commissioner O P Kejriwal observed that since the CBSE is a public authority, documents submitted by any school — while seeking affiliation or extension of the affiliation — must be disclosed to an information seeker on demand. A school cannot turn down such a request by putting forth the contention that being an unaided institution, it’s not covered under the Right To Information (RTI) Act and hence, not liable to make public any information, noted the Commission.
“The Commission feels that while the school being an unaided one can retain its privacy regarding its management, administration and finance, the basis for being granted an affiliation by the CBSE and an extension of this affiliation are documents in the public domain and hence, must be disclosed,” Kejriwal held.
The CIC’s decision came on an appeal by Sanjay K D Chowdhary, hailing from Gondia in Maharashtra, who was denied information regarding the documents submitted by Shririnbai Neterwala School in Tumsar, Maharashtra, for its affiliation with the CBSE.
The CBSE, in its reply, had told Chowdhary that the information he had sought was with a third party, the school, and the latter had refused to make known the same arguing it was an unaided institution. Refusing to buy the school’s contention, the CIC directed the CBSE to disclose the documents pertaining to the extension of affiliation, as asked for by the appellant, by May 5.
|Study belies propaganda it is used by select social activists|
Applicants closed down polluting factories, fought corruption
Villagers see information as key to solving problems
New Delhi: An interim assessment of the Right to Information Act, 2005, undertaken independently, has concluded that more and more people are now using it in new ways, disproving the propaganda that RTI is an instrument handled only by select social activists.
The first of its kind, the comprehensive study, conducted jointly by the National Campaign for People’s Right to Information (NCPRI) and the Right to Information Assessment and Analysis Group (RaaG), has been billed as a people’s initiative to assess who is using the Act and to what purpose. The study covered 10 States, besides Delhi.
In their report, “The People’s RTI Assessment 2008,” the NCPRI and RaaG pointed out that so far all information on RTI was either anecdotal or derived primarily from government data. Nor was there any evaluation of how the Act impacted societal actors such as the media, courts, the corporate sector and non-governmental organisations.
The NCPRI and RaaG conducted separate rural and urban surveys and also collected about 5,000 case studies from across the country, culled from the Hindi and English print media and downloaded from websites and blogs. A perusal of the cases showed that more and more people were invoking the Act, and for a variety of reasons.
In many cases, the applicants went beyond securing answers to their questions. They closed down polluting factories, fought corruption, and formed themselves into a larger group to support one another. Internet users formed their own online support groups, and helped applicants fill applications.
Specific examples of enlarging RTI: People in rural Karnataka combined campaigns for the Right to Information and the Right to Food to fight hunger. An 86-year-old Dalit farmer in Maharashtra used the RTI data to prevent his strawberry fields from drying up. In Uttar Pradesh, over 14,000 residents in a cluster of eight villages, 60 km. from Banda, used RTI to fight for their right to have roads, bridges and electricity.
The surveys showed that an overwhelming majority of rural residents saw information as the key to solving village problems. More than two-thirds of rural respondents said they had received a response to their applications and nearly one-third said their problems had been solved though they had received no information or received only partial information.
Among urban respondents, nearly three-fourths said they had received responses though they were slow in coming.
Only a third of respondents said they had received responses within the stipulated one month.
© Copyright 2000 - 2008 The Hindu
Monday, October 13, 2008
The hazards of using RTI Act: THE HINDU
|There are reports of officers threatening information seekers with dire consequences|
Ever since the Right to Information Act (RTIA) came into force there has been a widespread debate about it usage and its benefits. It is argued that the RTIA can be a tool for achieving what is called good governance. The Act basically has two sides — supply and demand. Its efficacy depends on how these two sides play their roles.
The recent events reported from some parts of the country make one wonder whether the supply side is doing justice to one of the best pieces of legislation seen in post independent India.
There are reports of the Public Information Officers (PIOs) threatening information seekers with dire consequences. In some cases RTI applicants are physically assaulted. Take for instance the case of J.M. Rajashekara, a local journalist and RTI activist from Ranebennur in Haveri district of Karnataka. He filed an application under the Act and sought very general information from the Northeastern Karnataka State Road Transport Corporation.
The corporation instead of providing information or rejecting it issued a legal notice through their advocate. The advocate threatened the applicant with dire consequences and also demanded Rs.2,000 as legal fee for filing an application under the RTIA.
In Chintamani taluk of Kolar district, Manjunath Reddy is running a civil society organisation called Jana Jagruthi Vedike. He found that the quality of roadwork was poor and sought information and documents from the executing agency. He also applied for inspecting the work. The quality inspector was brought and it was proved that work amounting to Rs.2 lakh was not done but paid for.
The contractors lobby hired goondas and instigated the local people against Mr. Reddy. They manhandled him right in front of the officer. Fortunately, the officer was convinced of the poor work and ordered redoing of it. Mr. Reddy has also been a victim of physical assault from contractors of the Public Works Department.
In yet another case, Mr. Paramashivamurthy of Mysore was physically abused by the very PIO from whom the information was sought. The applicant sought details of the work in the Varuna Canal Project in Mysore.
The case of Ravindranath Guru, a consumer and RTI activist from Bangalore, is much worse. He found that his neighbour had violated the building bylaws and constructed a commercial complex on a site meant for residential purposes. He obtained sufficient information by using the RTIA. The next day his house was ransacked. He suspects some politicians were behind the violence.
The RTI provides that the PIO shall not ask for the reason for seeking information. Though the PIOs are not insisting on this in writing, RTI applicants are orally asked to divulge the reasons. In some cases the credentials of the applicants are sought indirectly. Take the case of Ms. Savitha Ranganath of the Mysore District Mahithi Vedike (RTI forum). She sought a copy of the movement register of a doctor of KR Hospital, Mysore. Though a copy was given, the doctor insisted that the applicant be personally present before him. She had to wait from afternoon to evening to get the information.
Forget about PIOs. Even advocates appearing on behalf of PIOs or public authorities have started using their usual legal language to protect their clients. Mr. Veeresh of the Anti Corruption Forum, Bangalore, has been using the RTIA extensively in Bangalore. This is an eyesore to many officials.
In an appeal filed against Mr. Veeresh in the Karnataka Information Commission, an advocate took exception to Mr. Veeresh’s practice of using RTIA. He said that the RTI applicant should come before the Commission with clean hands. After much persuasion and intervention of the Chief Commissioner, the advocate’s petition was withdrawn.
While the brutal murder of Satyendra Dubey and Manjunath gets wide coverage, the threats, abuses and physical assaults that many RTI activists are subjected to go unnoticed. Most of these activists have to wage a lone battle and be ready for any consequences. Can something be done to protect them? May be an amendment to the RTIA?
© Copyright 2000 - 2008 The Hindu
18 Aug 2008, 0513 hrs IST,TNN
AHMEDABAD: Gujarat Information Commission (GIC) has held that resolutions of the general board held by a municipal corporation are permanent records and taking the grounds that they are not available is not reasonable when they have been demanded under the Right to Information (RTI) Act.
GIC has directed Junagadh Municipal Corporation (JMC) to conduct a thorough search of its records in all its branches to look for the missing resolutions and also, to take required measures as per rules to lodge a complaint with police regarding the missing records.
Dahyalal Sarvaiya of Junagadh had, under RTI, sought from the public information officer (PIO) of JMC certified copy of the general board resolution number 219 of July 29, 1987, of Junagadh Nagarpalika, certified copy of the map of land bearing survey number 214, and certified registered sale deed number 2294 of sale of that land.
The PIO informed Sarvaiya that as records were not available, information could not be provided. The appellate authority deciding Sarvaiya's appeal informed him that copy of the resolution was not available. The record clerk at that time, Kishore Vyas, had passed away and he had not handed over the records. For copy of the ownership rights and the sale deed, Sarvaiya's application was transferred to the office of the sub-registrar.
Before GIC, Sarvaiya questioned whether JMC had filed a police complaint in case the fact that Vyas had not handed over the records was correct. JMC contended that the resolution was of 1987 and pertained to Junagadh Nagarpalika which then became Junagadh Mahanagarpalika and was not on records.
Sarvaiya argued that JMC's contention of the copy of the resolution not being on record was incorrect and misleading.
Express News Service
Posted: Sep 02, 2008 at 0159 hrs IST
Pune, September 1: In the last 16 months, over 24,430 consumers of the Bharat Sanchar Nigam Limited (BSNL) had to contend with dead telephones for more than 15 days. But only 1720 got rent rebate from the telecom company. The rules state that the telecom company must give a rebate in rent when the phone lines are dead, but they do so only when the consumer asks for it.
This was the information procured from an RTI application filed by Vivek Velankar of Sajag Nagrik Manch. “It is a direct hit on their revenue, which is why they are not moving on it,” Velankar said.
BSNL authorities said that more than revenue, it was a logistical issue. “It takes some time as the field unit needs to file a report on the reason for the phone disconnection. Unless the billing section gets this report, they cannot reduce the rent. Because of the logistics involved, it becomes difficult to unilaterally offer the rebate,” said Vineet Mathur, General Manager, East, Central and Marketing.
He said that consumers were given a rebate within three weeks, if they applied for it. However, the rebate is given only if the phone is found dead for a minimum of seven days. “The minimum rental plan for BSNL is Rs 180. If the phone has been reported dead for 15 days, the rebate would be Rs 90. However, many consumers have a higher plan tarrif,” he said.
This would mean that the telecom company owes its consumers a little over Rs 20 lakh at least.
In a letter to BSNL authorities, which has been circulated in the media, Velankar has said that the company has taken no efforts to educate consumers about this facility; it has also not published this bit of information in telephone directories or telephone bills.
“When you have all the data about for how many days the telephone number is dead, why is the rent rebate not given to all the customers,” he has written.
As if negotiating our dangerous road humps is not bad enough, hundreds of them are unauthorised, to boot. An RTI activist is on the war path to get the BBMP to streamline them.
Did you know that of the innumerable road humps (or speed breakers) in the city, only 282 are authorised by the Bruhat Bengaluru Mahanagar Palike (BBMP)? All the others, according to the BBMP, are unauthorised and do not have any mention in their records. This fact was revealed when BBMP responded to a RTI application regarding the same recently.
Most of us are troubled by the road humps we come across every day. It’s a common feeling that some of them are not required at all, while some of them appear to be hastily put up with no concern for ergonomics, causing damage to motorists’ spines and vehicles’ suspensions. A lot of these humps do not even have white lines marked on them so that they stand out from a distance.
An authorised hump opposite Bethany High school near Koramangala police station, with faded markings. Pic: Supriya Khandekar.
On 12th June last year, Anil Kumar, RTI activist and a member of Kria Katte, an NGO, filed an application to find out if all the road humps in the city were authorised. Negotiating the humps day after day, he had developed problems in his spinal cord, like many others. "Riding my two wheeler (on the humps) had made my life difficult; the growing problem prompted me to file a RTI application to know the reality behind the numerous humps" he says.
Kumar got the response on 11th January this year. He was not surprised to find that a lot of humps were unauthorised, and were not found on BBMP records at all.
Vital statistics of a road hump
In theory, for any hump to come up on a road the Traffic Police has to notify the Traffic Engineering Cell (TEC) of the BBMP. The TEC consists of three executive engineers, four assistant executive engineers and six assistant engineers. This cell is responsible for constructing all the road humps, pedestrian ways, barricades, road dividers etc.
The Indian Road Congress has made certain rules and regulations specifically to be followed in the construction of road humps. The rules of the Indian Road Congress are as follows:
- Central Height: 10-12 cm; Shape: Parabola; Width: 3.5 metres; Length: same as road width.
- Road humps should be painted in a 'V' shape and illuminated by solar cat's eyes (solar cells embedded on pavements/road that reflect sun rays and glow in the dark) to make them visible.
- The humps should not be more than five metres away from the junction or the intersection.
- Two signboards, one at 20 to 30 metres and another 10 metres away from the hump should be placed for the commuters to know about the road humps ahead. Intrusion of tree branches should be prevented.
- Road humps should be put up only on the main roads and not on the cross roads.
- In ‘rumble strips’, (humps that have around 5 to 10 strips together), the width of each strip is to be one foot and the gap between each strip, one foot.
A fatal ride
Coincidentally, around a month after Kumar got the reply to his application he got to know about a fatal accident on the BTM Ring Road (between Silk Board and Jayadeva Circle) that occurred because of an improper hump.
Suryaprakash Chavan, 22, was on his way back home after dropping his friend in BTM Layout at 12 midnight. One of his friends Swagat Senapati was also with him on another two wheeler. Because the road bump was unmarked Chavan missed it; his motorbike jumped the breaker and he hit the divider. Chavan died on the spot.
There was no traffic police at the time of accident, and the Inspector at the Madiwala Police Station filed the FIR. The Inspector who signed the FIR (without writing his name under the signature) has mentioned in the FIR that this accident happened because of driver's negligence, even though eye witness Swagat Senapati’s account (Reg no: 2/2008/24 Sec 174 CrPC) , signed on the same date as of the accident, is with the same police station.
After this accident, G M Chavan, (Suryaprakash Chavan’s father) contacted Kumar for help and fresh applications were filed to get details about the BTM Ring Road humps in particular, and a second appeal was also filed with Karnataka Information Commission. As convenor of Kria Katte Anil Kumar has been following up with the BBMP to get the unscientific humps modified. The case was first heard between 2nd and 7th June this year. The next hearing is on 24th of this month and another hearing with the Police is scheduled for 14th November.
"The continuous poking has changed the mindset of the BBMP and the Police. The BBMP has already called tenders for modifying 400 humps in Bangalore, divided into 10 packages," says Kumar.
This accident might be just one example of the horrifying and irrevocable effects of unplanned and unscientific road humps on the lives of motorists. But similar cases and other minor accidents happen every day. At the very least, this RTI applications have set a process in motion for standardising these otherwise dangerous structures on Bangalore's roads.
15 Sep 2008
Supriya Khandekar is a staff journalist at Citizen Matters.
The Indian Road Congress (IRC) is the premier technical body of Highway Engineers in the country, and came into existence in December 1934. It is a national forum for sharing of knowledge and pooling of experience on subjects dealing with the construction & maintenance of roads and bridges, including technology, equipment, research, planning, finance, taxation, organisation and all connected policy issues.
Also read the related stories at:
29 Mar 2008, 0445 hrs IST,TNN
KOLKATA: Calcutta High Court set a precedent on Friday by granting the wish of a Presidency College student to see his answer script, although Calcutta University rules apparently have no provision for this.
The directive may open the floodgates, with stude-nts knocking on CU — and possibly the court’s door — with petitions to be allowed a glimpse of their answer sheets.
Pritam Rooz, a second-year mathematics honours student, was upset with the poor marks (28) he got in mathematics paper V. He applied to CU for a review, following which his score was revised to 32 — pass marks, barely.
The student then wanted to know about his mistakes and urged CU to show his script under the Right to Information Act. The authorities denied the request, saying the university has no such rule. Rooz then moved court against the university.
CU's lawyer Sambuddha Chakrabarty argued that Rooz's prayer for showing the script doesn't come under the purview of the RTI Act as the applicant wasn't seeking any information. He is aware of what he wrote in the script, the lawyer argued.
Rooz's counsel Satadal Chatterjee submitted that his client's prayer was valid under Section 3 of the Act — whi-ch includes showing a student his/her script.
While delivering the judgment, Justice Sanjeeb Banerjee observed that a student has the right to see his answer script under Article 19 of the Constitution. He added that a student "might make a silly or a major mistake" while answering questions hurriedly and should be allowed to see the script so that he can rectify himself.
Justice Banerjee also sounded a note of caution for examiners, saying they should be careful in correcting scripts.
He held that the university should take care to protect and preserve answer sheets.
The judge, however, granted a two-week stay on the implementation of his order.
Also read the elaborate stories about this Issue at:
Also read the related stories
Students can seek exam marks details under RTI
11 Oct 2008, 0000 hrs IST, Abhinav Garg ,TNN
NEW DELHI: Criticising Delhi High Court (HC) for withholding a copy of cause list to a Right to Information (RTI) seeker, the Central Information Commission (CIC) has ruled that a "cause list'' prepared by court administration for listing of cases is a public document, which a citizen has a right to "inspect.''
Asking HC to supply copy of cause lists of a certain period to a lawyer who was denied the same, a bench headed by Chief Information Commissioner Wajahat Habibullah held that once this list reaches the court master to record next dates of hearing and other case related details, it becomes a public document and falls under the purview of RTI. "A citizen exercising his right under RTI Act becomes entitled to inspect the cause list, take notes, extracts or certified copies,'' CIC said.
HC on its part had refused to part with this detail because it demanded a reason from advocate Manish Khanna on why he wanted this information, saying "no reason was given as to why such information is required.''
The CIC took a dim view of denial on this ground and in its order released on Friday, noted, "The CPIO has clearly overstepped the limits of his powers by demanding the reasons from the appelant for his seeking the information. He is cautioned to refrain from doing so.'' The apex RTI body pointed out that RTI provision makes it explicitly clear that any applicant seeking information "shall not be required to give any reason for requesting information'' and faulted HC on that count.
CIC was hearing an appeal by Khanna against denial of information and was constrained to record its dismay with the manner in which HC blocked copies of cause list from being provided to Khanna. "It will be very unfortunate if information was available on the date it was sought and has been destroyed thereafter and a citizen is deprived of his right to seek information,'' the bench, also comprising information commissioners A N Tiwari and O P Kejariwal added.
Defending its stand, HC in fact claimed that cause list is "transitory and is destroyed...it is just for convenience of court staff.'' The judicial authority insisted there was nothing in HC rules which imposes any obligation to maintain such a list and court wasn't obliged to keep such a list. Interestingly, at the same time HC admitted that list is made available on the internet for a few days.
Khanna had sought the cause list as part of his research work to understand if there was any procedure for granting early hearings to accused in certain cases. "The purpose is not to get information alone but to ensure RTI Act is not rendered infructuous by inaction of HC...the information would expose that ordinary people languished behind bars in Delhi jails, sometimes for over a decade - unheard in trial or in appeal - while rich and influential area heard on priority,'' Khanna alleged in his appeal, seeking more information on procedure for early hearing. However, on HC's stand that this fell under judicial functioning of HC and therefore outside the ambit of RTI, the Commission on Friday gave it 20 days time to come up with written arguments on this issue.
By Express News Service
13 Oct 2008 03:52:00 AM IST
KOCHI: In an attempt that may thwart the very purpose of the Right To Information Act, the Lok Sabha Committee of Privileges submitted a report before the Lok Sabha Speaker, recommending for amendments, including that the decision taken by the House/Speaker may not be open to review by the Chief Information Commissioner.
The report on `Requests from Courts of Law and investigating agencies, for documents pertaining to proceedings of House, Parliamentary Committees or which are in the custody of the Secretary-General, Lok Sabha, for production in Courts of Law and for investigation purposes’ was laid on the table on April 30, 2008. The 97-page report was submitted by the Committee chaired by V Kishore Chandra S Deo after studying the procedures followed in 35 countries.
The Committee suggests four major amendments. They are - it may be made the incumbent upon an applicant requesting for information/document which come under the jurisdiction of the House to state the reasons for which the information/ documents are required.
If in the opinion of the Speaker the information sought for have the potential to call in question the proceedings of the House or of any committee of the House, in any court he may be empowered to refer such a request to the Committee of Privileges for examination and report.
© Copyright 2008 ExpressBuzz
Sunday, October 5, 2008
Indo-Asian News Service
Sunday, October 05, 2008, (New Delhi): Decentralising the Central Information Commission (CIC) is not the way to clear the pending backlog of appeals and complaints, says India's Right to Information (RTI) chief.
"I don't think decentralising is the answer. Video conferencing is a better option and will work far better," Chief Information Commissioner Wajahat Habibullah said.
"If we decentralise, we will have to set up offices, arrange accommodation and other facilities like transport for the information commissioners and for that also a huge amount of money will have to be spent," he added.
The Right To Information Act was passed by Parliament in 2005 for promoting transparency and accountability in the system.
According to Habibullah, "Decentralisation would also lead to breakdown of coordination between Public Information officers."
"The RTI Act emphasises the use of electronic means, and video conferencing is a revolutionary system of information technology. For RTI, the next step at CIC is the introduction of video conferencing, which is inexpensive and quite efficient," he said.
"Earlier we were using the video conferencing facility at the National Informatics Centre. But it was not always available due to which a lot of our hearings were cancelled," Habibullah explained.
He said that video conferencing facility was available now at one of the CIC offices.
"We have divided time between all information commissioners at the office to use that facility. I am slowly looking towards all information commissioners having their own video conferencing facility so that they don't even have to use it by turn," Habibullah added.
He further stated that whenever there is a huge backlog of cases at a particular place, the information commissioners travel to those places for a few days and hold hearings.
"Chandigarh and Puducherry are just some of the examples," Habibullah added.
Thursday, October 2, 2008
2 Oct 2008, 0416 hrs IST,TNN
PATNA: The Patna High Court on Wednesday sought a reply from the state government and the State Election Commissioner (SEC) J K Dutta as to how the CM, instead of the governor, appointed the SEC.
A division bench comprising CJ R M Lodha and Justice K K Mandal issued the directive after hearing the PIL of Servers of Society whose lawyer, Ashutosh Ranjan Pandey, submitted that as per the provisions of the Constitution and Bihar Panchayati Raj Act, only the governor can appoint the SEC.
He said the petitioner has the information, procured under the provisions of Right to Information Act, that the CM appointed the SEC in 2006. He sought the removal of SEC J K Dutta on this ground.
Express News Service Posted: Oct 02, 2008 at 0130 hrs IST
Lucknow, October 1: Refusing to allow the state Chief Secretary to keep his office above the Right To Information Act, the State Information Commission has asked Atul Kumar Gupta to appoint a Public Relations Officer (PRO) in the next 15 days and make the related information public.
While issuing the order, Acting Chief Information Commissioner Gyanendra Sharma quoted judgments of other states in similar cases. The Chief Secretary’s Office, he said, comes under the category of “Public Authority” under Section 2(H) of the RTI Act.
Hearing the appeal of petitioner Paras Nath Verma, on June 26, the Commission had asked the Chief Secretary if any public information officer had been appointed in his office. Sharma had also asked the Chief Secretary to explain why his office does not figure on the Government website along with other departments.
In reply, the Chief Secretary had stated that his office does not fall under the purview of “public authority” and could not be listed for seeking information through RTI.
Disposing of the case, Sharma asked the Chief Secretary to appoint a Public Information Officer and make his phone numaddress public.
Wednesday, October 1, 2008
Agencies Posted: Oct 01, 2008 at 1552 hrs IST
New Delhi, October 1: How much did the Chief Justice of India score in his law degree exam? Or, what was the academic performance of sitting Delhi High Court judges as students?
Questions like these may, perhaps, never get answered through RTI applications. The ministry of law and justice and the Supreme Court have no records on the educational qualification of judges.
This is what Dev Ashish Bhattacharya realised when he drew a blank on his RTI application. He wanted to know the percentage of marks obtained by sitting Supreme Court and Delhi High Court judges in their Class X, graduation and Law degree exam.
Bhattacharya had asked whether department of justice collects these documents during the judges' selection process and gets them verified from the respective educational boards and universities.
The department said the process of initiation of proposal for appointment of a judge of the Supreme Court lies with the Chief Justice of India and for appointment of a High Court Judge it lies with the Chief Justice of that High Court.
Transferring the application to information officers of Supreme Court and Delhi High Court, the department official said it neither gets the certificates verified from educational institutions nor any record is maintained in this regard.
The Delhi High Court in its reply said that the selection process does not require furnishing of or calling for the details of marks obtained by the candidate in matriculation, graduation and law degree hence no record was available.
The apex court Registry also denied having any such record and said that appointment of Supreme Court and High Court judges is made by the President and such matters are not handled by it.
The RTI Act was passed by the Lok Sabha (Lower House) on 11 May 2005, by the Raj Sabha (Upper House) on 12 May 2005 and received Presidential assent on 15 June 2005. Parts of the Act came into force upon Presidential assent, but the Act came fully into force on 12 October 2005, 120 days after Presidential assent.
This Blog Spot is meant for publishing reports about the usage of RTI Act (Right to Information Act, 2005) so as to create an awareness to the general public and also to keep it as a ready reckoner by them. So the readers may extend their gratitude towards the Author as we quoted at the bottom of each Post under the title "Courtesy".Furthermore, the Blog Authors are no way responsible for the correctness of the materials published herein and the readers may verify the concerned valuable sources.