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Journals under policy of UGC-CARE Analysis Protocol Part II and Protocol Part III


rajeevrnt
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I am Mr Rajeev Tiwari  made  a FIRST APPEAL and the information was denied

 

PIO has answered that “Part II and III of the protocol are to be used for internal analysis and assessment purpose, which includes due diligence, verification process and critical appraisal using sequential algorithmic elimination process and weightage-based metrics on a scale of 10.’

PIO reply: Part I of the protocol has been given in the UGC Public Notice dated 14th January 2019. In accordance with the legal advice received, Part Il and Part III of the Protocol are only for internal use for analysis and assessment purpose and not to be made public. It would be inappropriate to disclose this information, as this item of information also attracts section 8(1)(d), being the intellectual property of the public authority as they having been developed through careful empirical and intellectual study and analysis for their internal use.

What to do? What should I write in my 2nd Appeal?

I have written below text, please suggest:

Why UGC in denying information on Protocol Part II, Protocol Part III about its analysis and assessment which is in a larger interest of Indian Education System? Please provide detailed information of internal analysis of Protocol Part II, Protocol Part III.

Please provide information on why internal use. Do not you think this hiding of information is leading to corruption? Because one of the objects of democracy is to bring about transparency of information to contain corruption and bring about accountability.

According to your reply where you have mentioned  RTI Section 8(1)(d) please provide information that whether UGC is a commercial organization and providing required to me will hurt the commercial interest of UGC,?

 According to your reply where you have mentioned  RTI Section 8(1)(d) please provide information that whether UGC is a trader  and providing required to me will reveal UGC in terms of  trade secret?

 According to your reply where you have mentioned  RTI Section 8(1)(d) please provide information that whether UGC journal selection policies are under Intellectual Property act of Government of India if yes and please  providing information on trademark/license/registration-no of UGC, where it is registered in Intellectual Propertyact and what compel UGC to deny required information. 

 

 

 

Rajeev Tiwari

 

 

Bhopal-462023. M.P., India

Mo- 9303130327

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Use your grounds for appeal simple.  It is the obligation of PIO to justify his request. Reserve your arguments for hearing process during second appeal  if FAA orders fail to respond.  The fundamental in application and appeals is to avoid 'why" interrogatory form in sentences, and always stating 'please inform the laid down norm or that material that states................(As using "why" may appear as questioning the quality of their actions).  Your assumption of 8 1 (d) is erroneous.  The exemption include "intellectual property"  (Question papers before the examinations etc)

Grounds for Appeal:  PIO denied information on assumed sections without justification.  The  fundamental principal is that Assessee must know the laid down procedure adopted for assessing and denying that information is against principles of natural justice.

Prayer; Appellant prays for directions to provide the information as there is no justification in denying that information under such clause.

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Thanks sir, can you help me to draft my 2nd Appeal? I will be ever great full to you. Actually UGC is hiding their journal selection policy, which is not a right thing for a Govt Organisation. 

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Against

Shri…………………..

CPIO, University Grants Commission, New Delhi.

First Appellate Authority

Shri……………………..

Appellate Authority,

University Grants Commission, New Delhi

Appellant

Chronological events and Index

1.    RTI Application       dated………………………….in Page No………….

2.    CPIO Reply            dated’………………………….in Page No…………

3.    First Appeal            dated………………………… in Page No……………..

4.    FAA orders             dated………………………….in Page No………..

5.    Second appeal*     dated…………………………  in Page No….

Copy of service proof pasted below.

1.Brief facts: Applicant has solicited information for………..queries on  Journal Selection Policy of UGC on……………..

CPIO has denied information under Sec. 8 (1) (d) and stated as per legal opinion, the policy of selection can not be disclosed.  There is no justification offered by CPIO.

First Appeal was filed on……………….and FAA has agreed with CPIO vide his orders dt……………..

As the assessment of such journal selection policy of UGC must be in public domain as per principles of natural justice, to know the accountability and transparency in such selection in fair manner, this second appeal:

2.Grounds for Appeal:   PIO denied information on assumed sections without justification.  The  fundamental principal is that Assessee must know the laid down procedure adopted for assessing and denying that information is against principles of natural justice. The selection policy must be in public domain for better transparency of such selection and applying such sections is not fair and proper.  The reason of stating legal opinion to keep confidential is also not correct.

3.Prayer; Appellant prays for directions to provide the information as there is no justification in denying that information under such clause.

·         Verification

The appellant solemnly affirms and states that above facts are true to his knowledge and information.

Appellant

 

cicrtisecond appeal.docx

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On 1/11/2022 at 8:15 PM, rajeevrnt said:

Thanks sir, can you help me to draft my 2nd Appeal? I will be ever great full to you. Actually UGC is hiding their journal selection policy, which is not a right thing for a Govt Organisation. 

 

23 hours ago, Prasad GLN said:

 

Against

Shri…………………..

CPIO, University Grants Commission, New Delhi.

First Appellate Authority

Shri……………………..

Appellate Authority,

University Grants Commission, New Delhi

Appellant

Chronological events and Index

1.    RTI Application       dated………………………….in Page No………….

2.    CPIO Reply            dated’………………………….in Page No…………

3.    First Appeal            dated………………………… in Page No……………..

4.    FAA orders             dated………………………….in Page No………..

5.    Second appeal*     dated…………………………  in Page No….

Copy of service proof pasted below.

1.Brief facts: Applicant has solicited information for………..queries on  Journal Selection Policy of UGC on……………..

CPIO has denied information under Sec. 8 (1) (d) and stated as per legal opinion, the policy of selection can not be disclosed.  There is no justification offered by CPIO.

First Appeal was filed on……………….and FAA has agreed with CPIO vide his orders dt……………..

As the assessment of such journal selection policy of UGC must be in public domain as per principles of natural justice, to know the accountability and transparency in such selection in fair manner, this second appeal:

2.Grounds for Appeal:   PIO denied information on assumed sections without justification.  The  fundamental principal is that Assessee must know the laid down procedure adopted for assessing and denying that information is against principles of natural justice. The selection policy must be in public domain for better transparency of such selection and applying such sections is not fair and proper.  The reason of stating legal opinion to keep confidential is also not correct.

3.Prayer; Appellant prays for directions to provide the information as there is no justification in denying that information under such clause.

·         Verification

The appellant solemnly affirms and states that above facts are true to his knowledge and information.

Appellant

 

cicrtisecond appeal.docx 14.2 kB · 2 downloads

 

5 hours ago, rajeevrnt said:

Thank you sir, I will be ever grateful to you. I am sorry I have just checked it. Got bless you sir. 

May I send you final draft to you to approve. 

I have drafted my 2nd RTI appeal, please check and suggest.

Regards 

Second Appeal.docx

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Write number of queries, write Faa order reference and one sentence order, and no elaboration is required at this point on any further aspect.  I am surprised as to how CPIO and FAA can be the same !!!!

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You should have solicited information by numbering queries 1, 2 and 3 if there are many queries.  If the query is one, just forget and ignore that sentence.

if applicant is not satisfied with reply of CPIO, within 30 days from date of receipt of CPIO denial, applicant must file First Appeal to higher authority of  CPIO UGC.  Only after receiving such FAA orders, within 90 days, second appeal has to be filed.  CPIO must have provided further appeal procedure in the last para of his denial, please check.  The onlline Act is available in the Forum under segment rti guide and go through Sec.19 for better understanding of appeal procedure.

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Sir CPIO has not provided in his order in 1st appeal. Please find the attachment. I have checked appeal procedure. Thanks.

Actually sie, I am not able to understand some technical words in terms of RTI or Law, that is why I am posting questions. 

1st Appeal reply UGC.pdf

Edited by rajeevrnt
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RTI is a simple procedure and even illiterate can understand and there is not even one technical word.

The process involves seeking information from PIO, PIO has to respond within 30 days, the applicant if denial is not satisfactory should go for first appeal within 30 days from receipt of denial, after receiving first appeal orders, if not satisfied should go for second appeal to Information commission within 90 days.

In your case you  have uploaded FAA orders, and you have to search the name of FAA is CPIO reply.  If you are not aware of the name, forget about it and do not mention name.   Just file second appeal enclosing the copy of the order you have attached to this reply.

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