Dated 07-08-2007
Name of the Complainant:
Ms. Julekha W Ahmed
House No.1, 4th Bye Lane (South)
South Sarania, P.O. Ulubari Guwahati - 7
Name of the Public Authority /SPIO
Education (Secondary) Department
The following were present:
1. Prof. Poresh Chandra Borah, Chairman of SSB
2. Md. Mohsin Ali, Director of Secondary Education
3. Mrs. Ajanta Kataky Gogoi, Member Secretary, SSB
4. Md. Mozibur Rahman, Dy. Secy Edn Dept.
5. Shri Brajen Talukdar, Dy DSE.
6. Smt Julekha Wahida Ahmed
7. Smt Roshenara Begum, Lecturer Girls' Polytechnics
Brief of the case
On 9.7.2007 Ms. Julekha W Ahmed of South Sarania, Guwahati submitted a complaint
petition under the RTI Act, 2005 before the Chief Information Commissioner stating
that she applied to the Public Information Officer, Directorate of Secondary
Education, Assam, under the RTI Act 2005 to ascertain the reasons for non appointment
of herself as a subject teacher in the provincialized Higher Secondary Schools
of Assam for the subject Zoology and details thereon. But the authorities concerned
had not yet given a clear and specific reason for her non-appointment for the
said post and other information sought till date but had been issuing her copies
of letters containing information contradicting one department with another.
In her application she sought for the following authenticated information to
substantiate the information duly endorsed by the authorities:
1. Copy of the Official Merit list that was dispatched by the State Selection
Board, Assam to the Commissioner, Education, Government of Assam vide letter
No SSB/Con/15/84/Pt/88 dated 12.10.1995 for the Subject Teacher, Zoology showing
merit position and marks obtained by each candidate(s).
2. The detailed information regarding the approval 1 notification, validity
period, date of effect etc. of the said Selection Merit list for the subject
Zoology by the Government of Assam.
3. The numbers of vacant posts since 1995 till date, year-wise and if any candidate
/ person have been appointed since 1995 till date.
4. Has any of the candidates as mentioned in the selection list been appointed
since 1995, if yes the names, address date of appointment with a copy of memo
/ circular as applicable to be provided
5. The names of candidates already appointed along with their addresses and
the place of posting and the date of appointment for the subject Zoology in
the years 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005,
2006 and 2007 on year wise basis.
6. The process of selection candidates since 1995 with the copies of the advertisement
of vacancy, merit / selection list, approval and notification order / memo no.
etc for the same
7. Whether these posts are lying vacant till date, if no, how these posts were
filled up with copies of notification and approval, select / merit list, memo
etc.
8. Has any of the candidates been appointed later on the basis of the merit
list.
9. Has the vacant post been filled later by superceding the said list, the details
to be provided by the authorities.
10. The reason for her non,appointment despite being selected on the merit list.
11. If the said selection / merit list was rejected, the reason thereof, with
appropriate official record (s)
12. Any other information / relief eligible to the applicant as deemed fit by
the Commission.
Hence this case.
Submission of the parties
The complainant submitted before the Commission that she sent a petition dated
23.3.07 under the RTI Act, 2005 seeking information regarding the date of publication
of the merit list along with the letter No. Memo No. for the said interview
/ examination, a copy of the circular / memo No for the subject Zoology in order
of merit along with the total marks scored by each candidate, the names of candidates
already appointed with -their addresses, places of posting and the dates of
appointment, total No. of vacancies against the said posts, vacancies filled
up / appointed year wise (since 1995 to 1997, 2006 & 2007).
She received a reply from the Deputy Director of Secondary Education, Assam
and from the Member-Secretary of the State Selection Board enclosing the list
of selected candidates recommended by the State Selection Board, Assam on 8.5.01,
she submitted before the PIO of the Directorate of Secondary Education that
some of the information were not complete. Then on 21.5.07, she submitted an
appeal before the Commissioner & Secretary, Education Department (1st Appellate
Authority) against the PIO of the Directorate of Secondary Education.
She stated that she also applied for information from the member-Secretary of
State Selection Board regarding the provisions of the rule for selection of
the subject teachers, and copies of the letter No. SSB/Con/15/84/Pt/88 dated
12.10.95 and also validity period of the said selection list. She informed the
Commission that she received reply from the Member Secretary on these points.
She again applied to the Deputy Director of Secondary Education, Assam for clarifications
with reference to his letter No. AAP/RTI/2006/63 dated 15.6.07. She received
information relating to the marks obtained from the Member-Secretary of the
SSB as asked for by her vide her application dated 18.6.07 free of charge.
She, however, submitted that some information was submitted late and the Director,
Secondary Education had not yet furnished her information relating to the points
as to whether any approval was obtained from the Government regarding the said
select list and how many persons were appointed year-wise since 1995 and how
many posts were lying vacant and the reasons for not appointing candidates from
the said select list. She also wanted information whether the said list was
superseded.
She further wanted the Government to furnish information on the above points.
She complained that point wise information was not furnished to her and she
wanted point wise information. She complained that the list of selected candidates
and the marks were available in the office of the Director of Secondary Education
but the PIO directed her to collect the information from the Member-Secretary,
State Selection Board, Assam.
The Deputy Secretary, Education (S) Department submitted that he could not locate
the Government file containing the select list and marks and had no idea as
to whether any approval was accorded by the Government for appointment from
the said select list. He would try to locate the file and furnish the information.
He informed that vide Government letter dated 3.12.03 the Government decided
to cancel all existing select lists and as such this select list was also cancelled.
The Deputy Secretary, Education (S) Department further stated that a select
list remains valid for one year only and only if it was re-validated, it can
be acted upon.
The Director of Secondary Education informed that he had prepared point wise
information and wanted to hand it over to the complainant in presence of the
Commission. He said that from the letter of the then Member-Secretary of State
Selection Board dated 2.4.07, a copy of which was enclosed with the reply it
transpired that the Government appeared not to have communicated approval of
the select list. He had also enclosed a copy of the letter dated 12.10.95 from
the then Member Secretary of State Selection Board in which the list of candidates
selected by the State Selection Board, Assam in order of merit was sent to the
Government.
He had given the year-wise vacancy position of the subject teacher in Zoology
in the reply which was going to be handed over to the petitioner. He stated
that the said select list and the marks obtained by the candidates were not
found available and hence his PIO had to write to the then Member Secretary
to furnish the same.
The Member Secretary of State Selection Board submitted that she had already
furnished the information as asked for by the petitioner. She did not charge
her as it was found out from record that her predecessor who received the letter
from the Director Secondary Education's office directing him to hand over the
select list and the marks did not find the enclosures. However, after furnishing
the select list, when she obtained a copy of the enclosures from the office
of the Director of Secondary Education, Assam, she realized that the marks should
also have been furnished to her and as such she furnished the same to the complainant
free of charge.
Observation of the Commission
The Commission observed that the information sought for from the Member Secretary
of State Selection Board had been furnished. The Commission noted that the Education
(S) Department did not furnish information relating to (a) whether the Govt.
approved the select list (b) the reason if it had not been approved (c) the
validity period of the select list (d) if Govt. had approved any select list
subsequently, as they could not locate the file. The Commission found that the
Director, Secondary Education, Assam was ready to hand over the information
point wise to the complainant. The Commission took into consideration the allegation
of the complainant that she faced difficulties in submitting her petitions before
the PIO of the Director of Secondary Education's office and that they did not
receive the application fees in cash. She also faced difficulty in meeting the
Director of Secondary Education or the PIO and there was no indication whatsoever
as to who the PIO was in the office of the Director, Secondary Education.
Decision of the Commission
The Commission, on careful consideration of the facts and circumstances of the
case decided to issue the following orders to the concerned authorities under
section 19(8)(a) of the RTI Act, 2005
1. The Deputy Secretary, Education Department would locate the file and furnish
the information as stated in the Observation by the Commission to the complainant
within a month. In case the PIO could not locate it, the Commissioner &
Secretary , Education (S) Department would cause an enquiry and fix responsibility
on the officers / officials for the same and report to the Commission within
a month from the date of this orders
2. The Director of Secondary Education, Assam should hand over the available
information to the complainant in presence of the Commission.
3. The Member-Secretary, State Selection Board, who did a good job in furnishing
the information should certify the copies of the documents furnished to the
complainant with her signature and seal.
4. The PIO of the Education Department and the PIO of the Director of Secondary
Education's office should also certify the copies of the documents to be furnished
to the complainant with their signatures and seals.
5. The three public authorities i.e. Commissioner & Secretary, Education,
the Director of Secondary Education and the Chairman of State Selection Board
should put up signboards at prominent places in front of their offices displaying
the names, designations and the telephone nos. of the PIOs and the First Appellate
Authority as well as the name of the authorized person who can receive the RTI
applications in the absence of the PIOs.
6. The Commission fixed 7.9.07 as the report for compliance from the Commissioner
& Secretary, Education, the PIO of Education Department, the Director of
Secondary Education and the PIO of the Director of Secondary Education.
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 Commissioner & Secretary, Education Department, Dispur.
2. Prof. Poresh Chandra Borah, Chairman of State Selection Board, Assam
3. Md. Mohsin Ali, Director of Secondary Education, Assam
4. Mrs. Ajanta Kataky Gogoi, Member Secretary, State Selection Board, Assam
5. Md Mozibur Rahman, Dy. Secretary, Education Department, Assam
6. Shri Brajen Talukdar, Dy Director, Secondary Education, Guwahati
7. Smt Julekha Wahida Ahmed, South Sarania, House No 1, Ulubari, Guwahati.
8. Smt Roshenera Begum, Lecturer of Girls' Polytechnic, Guwahati.
9. The DIPR, Dispur, Guwahati.
10. MD, AMTRON, Bamunimaidan
11. Office file.
Secretary
State Information Commission, Assam