"1141 4 Shri Utpal Biswas VS DI of Schools PE Nadia"
WEST BENGAL INFORMATION COMMISSION Bhabani Bhaban (2nd Floor), Alipore Kolkata -700 027 Telefax(033)2479-1966 Website : www.wbic.gov.in E-mail : email@example.com Appeal / Complaint No. 867 (3)-WBIC/RTI/ 722/10 Right to Information Act, 2005 Date of hearing: 26.05.2011 Shri Utpal Biswas -Vs.- D.I. of Schools (P.E.), Nadia Present: 1. Shri Utpal Biswas, Appellant 2. Shri Arindam Mondal, Assisting Shri Utpal Biswas 3. Shri Swapan Kumar Majumdar, D.I. of Schools (P.E.), Nadia & SPIO 4. Shri Kalyan Paul, S.I. of Schools (P.E.), Nadia 5. Shri Manik Maitra, Chairman, DPSC, Nadia Background: Shri Utpal Biswas submitted one RTI application to the D.I. of Schools (P.E.) & State Public Information Officer on 24.05.2010 seeking 6 point information as follows: (i) Category-wise minimum seniority of all Employment Exchange sponsored candidate for the Assistant Primary School Teacher Recruitment -2006. (ii) Total number of Bio-Data Form issued for the recruitment of Assistant Primary School Teacher against 2006 advertisement. (iii) Total number of Bio-Data Form received by Nadia District Primary School Council. (iv) Total number of admit card issued for the written examination dated 17/01/10. (v) Total number of candidates appeared on the 17th January 2010, written examination. (vi) Number of category-wise unfilled posts of that recruitment. 2. D.I. of Schools (P.E.), Nadia referred the matter to the Chairman, Nadia District Primary School Council for taking necessary action as per RTI Act on 01.06.2010 vide his memo No. 197/PE. 3. Without getting any information from State Public Information Officer or Chairman, Nadia District Primary School Council Shri Biswas complained before the Commission on 08.07.2010. 4. The Commission vide its letter No. 2370-WBIC dated 29.11.2010 requested the Chairman, District Primary School Council, Nadia to dispose of the matter as per provision of the Act under intimation to the Commission. Contd…p/2 -2- 5. Shri Biswas informed vide his letter dated 28.12.2010 that no response was received from the Chairman. 6. D.I. of Schools (P.E.), Nadia requested Shri Biswas to let them know the reasons for which he is contemplating information regarding such recruitment as Shri Biswas was not a candidate for the recruitment of Primary Teacher 2006. 7. The Chairman did not furnish any compliance report in response to this Commission’s letter No. 2370-WBIC/RTI/722/10 dated 29.11.2010. 8. The Commission decided to hear both parties on 26.05.2011 to dispose of the case. 9. On the date of hearing, the appellant, D.I. of Schools and Chairman submitted their representations before the Commission. 10. The Commission heard the appellant, Chairman, D.I. of Schools and examined the submissions and other records. The Chairman submitted that since the appellant was not a candidate he should not be supplied with the information. The Commission rejected the argument of the Chairman. As per section 6 (2) of the RTI Act ‘an applicant making request for information shall not be required to give any reason for requesting the information’. The matter relates to recruitment of teachers and falls with the realm of public interest. Order: 11. The Commission orders that the Chairman shall furnish the information to the appellant within 15 (fifteen) days from the date following the date of hearing with a copy to the Commission. 12. The D.I. of Schools (P.E.), Nadia shall also furnish the copy of the information to this Commission within 30 (thirty) days from the date of hearing. Sd/- Date: 26.05.2011 (K. John Koshy) State Information Commissioner, W.B. No.1141 (4) (Order)-WBIC/RTI/722/10 Date: 30.05.2011 Authenticated true copy forwarded to: 1. Shri Utpal Biswas, Vill. + P.O. Bhimpur, Dist. Nadia, PIN-741 167. 2. Shri Swapan Kumar Majumdar, D.I. of Schools (P.E.) & SPIO, Nadia, P.O. Krishnagar, Dist. Nadia. 3. Shri Manik Maitra, Chairman, District Primary School Council, Nadia, P.O. Krishnagar, Dist. Nadia. 4. Shri Kalyan Paul, S.I. of Schools (P.E.), Nadia Deputy Secretary & Additional Registrar West Bengal Information Commission OFFICE COPY