1141 4 Shri Utpal Biswas VS DI of Schools PE Nadia

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1141 4 Shri Utpal Biswas VS DI of Schools PE Nadia Powered By Docstoc
					                        WEST BENGAL INFORMATION COMMISSION
                              Bhabani Bhaban (2nd Floor), Alipore
                                      Kolkata -700 027
                                   Telefax(033)2479-1966
                                  Website : www.wbic.gov.in
                                  E-mail     : scic-wb@nic.in
                                 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

				
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