PIO: There is no procedure in the UGC Regulations to penalize any college who has not implemented the UGC Regulations, 2018; The concerned University with which it is affiliated has to keep a check on the Colleges - CIC: Provide a categorical reply

Information Sought:

The appellant has sought the following information: -

What action has been taken against those Private Aided / Grant-in Aid Colleges affiliated to the Andhra University for not implementing the UGC Regulations, 2018.

Grounds for Second Appeal

The CPIO has provided the incomplete information.

Submissions made by Appellant and Respondent during Hearing:

The appellant submitted that since the desired information was not provided to him, the concerned CPIO may be penalized and he may be directed to provide complete information to him.

The CPIO submitted that an appropriate reply was given to the appellant by the FAA on 19.11.2019 and a further reply dated 31.08.2020 was submitted to the Commission with a copy to the appellant. He also informed that UGC is not the authority to take any action as this will be done by the University or the State Government who have to ensure implementation of the regulations.

The CPIO submitted that an appropriate reply was given to the appellant by the FAA on 19.11.2019 and a further reply dated 31.08.2020 was submitted to the Commission with a copy to the appellant. He also informed that UGC is not the authority to take any action as this will be done by the University or the State Government who have to ensure implementation of the regulations.

Observations:

From a perusal of the relevant case records, it is noted that the First Appellate Authority in his order dated 19.11.2019 while giving some information had stated that there is no such specific information. However, he had stated that the UGC Guidelines, 2018 are mandatory in nature and cannot be overlooked. This order is incomplete as there is no categorical reply to the point raised by the appellant as to what action has been taken against those Private Aided / Grant-in Aid Colleges affiliated to the Andhra University who have not implemented the UGC Regulations, 2018. During the hearing, the CPIO explained that there is no procedure in the UGC Regulations to penalize any college. It is the concerned University with which the College is affiliated or the State Government who has to keep a check on the Colleges and UGC has no role to play in this. Hence, no information is available with them. Since nothing like this was mentioned in the initial reply of the CPIO, he is therefore directed to give a revised reply to the appellant, giving a categorical reply as explained by him during the hearing.

Decision:

In view of the above, the CPIO is directed to provide an additional reply to the appellant in the same way as was explained by him during the hearing within a period of 10 days from the date of issue of this order under intimation to the Commission.

The appeal is disposed of accordingly.

Vanaja N. Sarna

Information Commissioner

Citation: Jagannadha K Galinkala v. University Grants Commission (UGC) in File no.: CIC/UGCOM/A/2020/661349, Date of Decision: 07/09/2020