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Vigilant Prince

FAA replied that PIO cannot provide a conclusion.

Question

Vigilant Prince

I filed RTI with UGC with the following points:

 

Point 1: Does CSIR RESEARCH ASSOCIATESHIP (RA) will be consider as past service if one person joins the post of Assistant Professor in any reputed institute after spending some time in CSIR RESEARCH ASSOCIATESHIP (RA) (One persons resigns from CSIR RESEARCH ASSOCIATESHIP (RA) on Feb 10 and joins post of Assistant Professor on Feb 11).

 

Point 2: Does Research Associateship (RA) (mostly offered by research labs) and Post Doctoral Fellowship (such as NBHM postdoctoral fellowship and National Post Doctoral Fellowship) are equivalent in terms of “COUNTING OF PAST SERVICES FOR DIRECT RECRUITMENT AND PROMOTION UNDER CAS”? If there is any difference please specify.

 

Reply of PIO: Such issues are required to be governed and decided in term of Clause 10.0 of UGC Regulations....2010 as referred to in your queries.

 

I filed first appeal with UGC and after 6 months I got the reply of FAA as following:

 

Reply of FAA: [/b]I have considered the submissions made by the appellant and the PIO. In this regard, it is to state that the PIO is not supposed to assess the queries of the applicant and then provide a conclusion so deduced thereon. The RTI Act, 2005 requires the PIO to provide only information/material which is in his custody or as held by the Public Authority. I find that available information has already been provided by the PIO which was found to be as per records.

 

How can UGC let the universities to draw their own conclusions from the regulations. Why UGC cannot categorically tells the meaning of their own regulations. The point is that, under UGC regulations Research Associateship (RA) is considered as past service but Post Doctorate is not considered as past service. Although, both RA and post doc are same positions.

 

I wanted to file second appeal for the same. Please help in drafting the second appeal so that I can get the relevant information.

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Sunil Ahya

Right to Information Act is for obtaining information (photocopy of documents) in accordance with section 2(f) of the RTI Act, which provides the definition of information.

 

Please refer to the following blog:

 

Drafting queries for seeking information under RTI Act.

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Prasad GLN

Take another route less expensive and most speedier. Convert the contents as grievance and post it on pgportal of UGC. Do not mention RTI particulars and give it the shape of grievance.

Edited by RAVEENA_O

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Dang

The reply of FAA is in correct that The RTI Act, 2005 requires the PIO to provide only information/material which is in his "custody or as held" by the Public Authority. It includes the record accessible to him.

Refer S- 2 (f)) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;

(i) “record” includes-

(a) any document, manuscript and file;

(b) any microfilm, microfiche and facsimile copy of a document;

© any reproduction of image or images embodied in such microfilm (whether enlarged or not); and

(d) any other material produced by a computer or any other device;

SO FOLLOW INEXPENSIVE ROTE AS SUGGESTED BY MR. PRASAD THEN ENSURE REPLY RECD. IS WITH SECTION & ELABORATION THEREOF.

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koteswararaonerella

when the FAA says that the CPIO cannot provide conclusive reply the only option left with you is to go for second appeal or search for other mode of getting information from any other source.

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RAVEENA_O

Your right under the Act is to seek and obtain information held by the public authority in material form. You have raised two queries eliciting answers or clarifications from the CPIO. CPIO need not give clarification or explanations etc, which are not held by the public authority in material form. CPIO has right advised you that such matters are dealt with under Clause-10 of UGC Regulations, 2010. CPIO cannot give more than what is avaialble on Clause-10 of UGC Regulation >> http://www.nitdgp.ac.in/information/Office%20Notice/englishgazette%20CAS%20UGC.pdf . CPIO is not the competent and empowered authority to clear doubts or give clarifications on Regulations laid down by UGC. You cannot seek such clarification / explanation from CPIO under the guise of seeking information.

 

Therefore there is no infirmity in the decision of FAA. If you so desires, you can file Second Appeal before the Information Commission, but there is no justified grounds to challenge the decision of FAA. It is also not the case that the information is held by UGC but denied. What you sought is clarifications, which are not on record and therefore PIO rightly pointed out Clause-10 of UGC Regulation. There is no denial of information by PIO of FAA.

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