Dated 22-08-2007

Name of the Complainant:
Dr. Subhram Rajkhowa
Reader, Deptt of Law, Narikalbasti
1st Byelane, Guwahati 781024.

Name of the Public Authority:
Gauhati University, Guwahati

The following were present:
1. Dr. R.N. Das Registrar, Gauhati University
2. Mrs. Jyoti Talukdar - Public Authorities
3. Dr. Subhram Rajkhowa - Complainant

Background
The Commission first fixed the hearing of this case on 19.6.07 when the Public Authority requested for postponement by one month of the hearing on the ground that the Executive Council of the Gauhati University would be taking decision shortly in the matter the Commission allowed the request and fixed a date for hearing on 16.7.07. On the hearing on that date the petitioner was present but there was no representative from the Gauhati University. The University authorities informed the Commission subsequently vide their letter dated 21.7.07 that the notice issued by the Commission for the hearing was received by them only on 17.7.07 and as such they could not attend the hearing.

The Commission heard the petitioner on that date even though the Public Authority was not present. The Public Authority was directed to furnish the information to the petitioner point-wise by 15.8.07 and the next hearing was fixed for today i.e. 22.8.07.

Brief of the case
On 18.5.07 a petition was received by the Commission from Dr. Subhram Rajkhowa of Guwahati who is a reader in the Department of Law, Gauhati University in which he requested the Commission to direct the SPIO of Gauhati University to furnish necessary information to him in response to his application dated 20.1.07. In that petition he wanted to know about the status of the letter addressed by him to the Registrar Gauhati University on 10th December, 2006 duly forwarded by the Head of Department of Law pertaining to the application under the Career Advancement Scheme of the University.

He also wanted to know about the number of applicants under the said scheme received from the Department of Law along with the date of receipt and the action taken thereon, namely the dates when the same were processed.

He further wanted to know whether in computing the qualifying service, the period of service rendered as Principal (administrative post as accepted by Gauhati University Authority in its published documents from time to time) has been computed for qualifying service along with the copies of the relevant circular.

Furthermore, he wanted to inspect the file notings thereof and furnishing copies of the same as well.

Submission of the parties
The complainant stated that he received the reply from the Registrar, Gauhati University but was not satisfied with the reply. According to him, the statement of the Registrar, Gauhati University, that Dr. B.K. Chakraborty, Reader in the Department of Law, Gauhati University was on lien for being appointed as Principal University Law College was not correct. He empathetically stated that neither the Gauhati University Act nor the ordinance incorporating the University Grants Commission Guidelines relating to appointment, promotion etc. of the teachers in the Universities there was any provision for lien. He alleged that there was delay in processing of his application under the Career Advancement Scheme of the Gauhati University. He also stated that he inspected some of the documents but some other documents were yet to be made available for his inspection.

The Registrar of the Gauhati University stated that he had sent the point to point reply to the complainant as ordered by the Commission vide their decision dated 16.7.07 and he did not suppress any fact regarding the matter of granting lien to Dr. Chakraborty. The Registrar clarified that it was the decision of the Executive Council of the University and the Executive Council was empowered to grant lien and hence there was no irregularity in that matter. He further submitted that only two applications under the Career Advancement Scheme were received out of which one was submitted by the complainant which was received on 10.10.06 and while the other application submitted by Dr. Chakraborty was received on 18.9.06. As per procedure both the applications were sent to the experts on different dates which were recorded in the file.

The expert reports were received in the case of Dr. Chakraborty on 21.1.07, 2.3.07 and 12.3.07 and in the case of complainant the reports of the expert were received (after sending a reminder) on 14.2.07, 2.3.07 and 22.5.07.

The Registrar confirmed that the interviews for the post would be held together and there was no discrimination against the complainant in the entire matter.

Observation of the Commission
The Commission observed that the Gauhati University authority have given point to point reply to the quarries made by the complainant vide his petition dated 20.1.07 in a very lucid manner and with the time stipulated by the commission in its order dated 16.7.07. The contention of the complainant that lien was not permissible under the Gauhati University Act & Ordinance is a matter which is beyond the scope of consideration of the Commission. It was also found that the Gauhati University did not discriminate against the complainant in the matter of his application under the Career Advancement Scheme of the Gauhati University and they dealt with the matter very fairly as seen from the records.

Decision of the Commission
The Commission on careful consideration of the facts and circumstances of the case decided that the information furnished to the complainant was in accordance with the provision of the RTI Act. It was made clear to the petitioner that if he wanted further information on more points he may submit a fresh request to the State Public Information officer of the Gauhati University under section 6(1) of RTI Act, 2005.

Sd/- (R.S. Mooshahary)
Chief Information Commissioner, Assam
Janata Bhawan, Dispur.

Sd/- (Dr. B. K. Gohain)
State Information Commissioner, Assam
Janata Bhawan, Dispur.


Authenticated true copy

(Jiauddin Ahmed)
Secretary, State Information Commission, Assam
Janata Bhawan, Dispur.

CC:
1. The Registrar, Gauhati University, Guwahati.
2. Dr. Subhram Rajkhowa Reader, Deptt of Law, Narikalbasti 1st Byelane, Guwahati 781 024.
3. MD, AMTRON, Bamunimaidan.
4. The Director, Information & Public Relation, Dispur.
5. Office file.


Secretary
State Information Commission, Assam