Facts
The Appellant was a professor of MVSR Engineering College. MVSR College was affiliated with Osmania University Hyderabad in October 2017 as there was an NBA visit to the college. However, there were no qualified ratified professors in the college. The Appellant was promised that he would be ratified but no interview for the ratification was conducted by Osmania University.
After the National Board of Accreditation visit in 2018 and was accredited for the next three years. The Appellant was thrown out by giving a one-sided relieving order on 31st December 2018.
The Appellant filed an RTI application on 12th March 2019, seeking information about whether MVSR Engineering College informed the CPIO that the professor has been relieved. In the application, the Appellant also asked to provide a copy of the intimation done by the college to the CPIO and to provide a copy of the AAC report of which the Appellant was a member in order to prove to the CPIO that the college was managing the MC reports.
The CPIO responded on 4th April 2019 stating that no such information should be provided by the college to the NBA. The Appellant was not satisfied with the CPIO’s response so he filed a First Appeal on 12th April 2019. The FAA’s order made on 10th May 2019 stated that the NBA does not have a copy of the AAC report.
The Appellant was not satisfied with the FAA’s order. So, he filed for a Second appeal on 24th May 2019.
Arguments Advanced
Both the Appellant and the Respondent were present through an audio conference. The Appellant states that as per Section 2 (f) of the RTI Act the NBA should direct the college to send the relieving letter to the NBA.
The Respondent stated that the NBA is not an administrative authority so the college does not need to send the relieving letter to it. The CPIO also added that the college did not inform the NBA about the relieving letter.
The CPIO added that the information of the relieving letter was already given by the college to the Appellant. The Appellant wanted to check whether the NBA had the information regarding the same, for which the response should be given by the NBA and not the college. Hence, the RTI application should not be filed to MVSR Engineering College for a reply.
Court Observations
The Information Commissioner used the cases Union of India vs Namit Sharma and Govt. of NCT of Delhi vs. Rajender Prasad in order to state that a citizen can only get information from a public authority. Here, NBA is not a public authority.
Decision
The Chief Information Commission stands with the CPIO’s response. Hence the appeal has been disposed of.
Click here to read the judgement.
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