What does the term “Relevant Trades” in eligibility criteria mean? - CIC: Requisite information should have been disclosed upfront or through FAQs; Advisory issued u/s 25(5) to disclose the meaning of “Relevant Trade” & to create a FAQ section on website

Information sought:

The Appellant filed an RTI application dated 18.03.2023 seeking the following information:

There has been controversy in Rajasthan and other states on selection regarding CTS. Every CITS course has its own importance and some states are making rules regarding the same. What are the qualifications for the post of WCS? Provide a list of trades essential for the subject CTS/ITS? Provide a copy of the minutes of meeting where the essential trades were decided, (main part of Original application seeking certain information in Hindi loosely translated).

The CPIO furnished a reply to the Appellant on 10.04.2023 stating as under:

“Reply:-

Qualifications of WCS subject is clearly mentioned in the curricula of CITS in the respective trades B.Voc./Degree in any Engineering from AICTE/ UGC recognized Engineering College/ university with two years experience in relevant field.

OR

03 years Diploma in any Engineering from AICTE /recognized board of technical education or relevant Advanced Diploma (Vocational) from DGT with five years experience in relevant field.

OR

NTC/NAC in any Engineering trade with seven years experience in relevant field.

Essential Qualification: National Craft Instructor Certificate (NCIC) in relevant trade.

OR

NCIC in RoDA or any of its variants under DGT.”

Being dissatisfied, the appellant filed a First Appeal dated 16.04.2023. The FAA vide its order dated 28.04.2023, held as under.

“The information for the RTI is as below:

Training in ITI is a concurrent subject of center and state govt. Day-to-day administration of ITIs rests with the State Governments/ Union Territories Administrations. The qualification of WCS instructor for CTS as mentioned in the syllabus is as below. The same is available in the https://bharatskills.gov.in  and https://www.cstaricalcutta.gov.in/”

Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present:-

Appellant: Present through video-conference.

Respondent: Mr. B. Sharanappa, Asst. Director/ CPIO present through videoconference.

Appellant contended that in recruitment for WCS post the selection criteria followed by Rajasthan and other states are controversial in nature since every CITS course has its own importance, yet instead of following uniform selection process, some states are making rules according to their choice which creates confusion. To clarify this controversy, he sought the eligibility criteria for CTS trades, however, it was not clarified in the reply by the Respondent. Moreover, the word “relevant trades” used in the eligibility criteria is not explained by the Respondent Public Authority in clear words. Therefore, the Appellant prayed to the Commission to direct the Respondent to give clear cut explanation/ clarification regarding the term used “Relevant Trades” in the eligibility criteria.

A written submission dated 24.07.2024 filed by the Respondent is taken on record, contents of the same are reproduced below:

“This is to bring to your kind notice that Shri Vidya Sagar Prajapat, had filed on RTI on 18.03.2023 which was replied on 10.04.2023 since he was not satisfied with RTI reply, he raised FAA appeal on 16.04.2023 which was replied on 28.04.2023. In his RTI on 18.03.2023 Shri Vidya Sagar Prajapat, asked for "Eligibility for the post of WCS"

In the reply of the RTI, it was mentioned as "Qualifications of WCS subject is clearly mentioned in the curricula of CITS in the respective trades B. Voc./Degree in any Engineering from AICTE/UGC recognized Engineering College/ University with two years experience in relevant field.

OR 03 years Diploma in any Engineering from AICTE/ recognized board of technical education or relevant Advanced Diploma (Vocational) from DGT with five years experience in relevant field.

OR NTC/NAC in any engineering trade with seven years experience in relevant field, Essential Qualification: National Craft Instructor Certificate (NCIC) in the relevant trade.

OR NCIC in RODA or any of its variants under DGT".

As Shri Vidya Sagar Prajapat, was not satisfied he raised FAA complaint and the reply was given as below: -

Training in ITI is a concurrent subject of center and state govt. Day-to-Day administration of ITIs rests with the State Governments/Union Territories Administrations. The qualifications of WCS instructor for CTS as mentioned in the syllabus is as below.

The same is available in the http://bharatskills.gov.in and http://ww.cstaricalcutta.gov.in/ B.Voc./Degree in any Engineering from AICTE/UGC recognized Engineering College/University with one year experience in relevant field.

OR

03 years Diploma in any Engineering from AICTE/ recognized board of technical education or relevant Advanced Diploma (Vocational) from DGT with two years experience in relevant field.

OR

NTC/NAC in any engineering trade with three years experience in relevant field. Essential Qualification: National Craft Instructor Certificate (NCIC) in the relevant trade.”

Respondent submitted that information as is available has been provided to the Appellant. In addition to it, the Appellant was informed that requested information can be accessed from the URL as mentioned in the reply. He attempted to clarify during the hearing as to what is meant by “relevant trades”.

Decision:

The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records that as far as RTI application is concerned the information as is available has been provided by the CPIO vide their letters dated 10.04.2023 and 24.07.2023 as per the provisions of the RTI Act, merits of which cannot be called into question.

However, considering the issue flagged by the Appellant i.e. no specific clarification regarding the term used “Relevant Trades” can be figured out from the reply or the weblink given by the Respondent. It is noteworthy in this case that Appellant being a candidate opted the channel of the RTI Act to gather the requisite information, which should have been disclosed upfront or atleast through FAQs with the concerned piece of information. In view of this, an Advisory under Section 25(5) of the RTI Act is issued to the Respondent Public Authority to firstly, disclose the meaning of “Relevant Trade” upfront on their website and secondly, to create a FAQ section on their website and also keep it updated so as to make it easy for a layperson to get frequently sought information and relevant orders/circulars in tune with the letter and spirit of suo moto disclosures prescribed under Section 4 of the RTI Act as recently directed by Hon’ble Apex Court in the case titled Kishan Chand Jain v. UOI & Ors. WRIT PETITION (CIVIL) No. 990 of 2021. This will also relieve the Public Authority of the burden of RTI Applications, which are filed merely seeking clarifications and not any specific record.

In pursuance of the aforesaid advisory, the PIO is directed to place a copy of this order before Sh. T RAGULAN, Joint Director/HOD, CSTARI for taking appropriate action. Appellant is free to approach this Commission in case of non-compliance.

The appeal is dismissed accordingly.

Vinod Kumar Tiwari

Information Commissioner

Citation: Vidya Sagar Prajapat v. Directorate General of Training, File No: CIC/DGTRG/A/2023/623500; Date of Decision : 31.07.2024