Information in connection with obtaining of certificate of a student who qualified CCC examination was sought - CIC: Guide the appellant on the process to opt for guardian’s name in lieu of mother’s / father’s name in order to obtain the certificate
30 Jun, 2019Information Sought:
The appellant has sought information in connection with obtaining of certificate of Saroj Kumari D/o Jageshawar Prasad Kushwaha, who qualified CCC examination in January 2015 from NIELIT Centre, Madan Mohan Malviya Engg. College Campus, Gorakhpur.
Grounds for Second Appeal:
The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant’s representative was present during the hearing and submitted that he is the father of Saroj Kumari and is representing the appellant. He further submitted that till date his daughter has not received the requisite certificate from the respondent. He also submitted that there was no appropriate reply provided to his RTI application.
The CPIO submitted that the letter dated 13.07.2017 is not a RTI application but first appeal. On a query by the Commission, as to why the IPO of Rs 10 bearing no. 36AF802739 dated 11.07.2017 was accepted alongwith the impugned RTI application dated 13.07.2017, the CPIO could not provide any justification. However, it is also pertinent to mention here that the letter dated 13.07.2017 was addressed to Shri B.N Choudhry, First Appellate Authority therefore it appears to be a first appeal. Moreover, the contents of the application also is in reference to the reply dated 21.06.2017 of the CPIO.
Observations:
Based on a perusal of the record, it was noted that the present case is a RTI application as per his first appeal dated 29.08.2017. However, it is important to state here that due to repeated RTI applications, and due to the fact that the letter dated 13.07.2017 was addressed to FAA, it was not treated as a RTI application by the CPIO.
Decision:
The Commission observes that an appropriate reply guiding the appellant on the process to opt for guardian’s name in lieu of mother’s name and father’s name in order to obtain the certificate from NIELIT would be proper. The CPIO is accordingly directed to provide a revised reply to the appellant, within 3 days from the date of receipt of the order.
The appeal is disposed of accordingly.
Vanaja N. Sarna
Information Commissioner
Citation: Gaya Prasad Kushwaha v. National Institute of Electronics & Information Technology in Decision no.: CIC/MOCIT/A/2018/102787/00802, Date of Decision: 04/06/2019