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2024 Supreme(Online)(CIC) 3582

CENTRAL INFORMATION COMMISSION
ANANDI RAMALINGAM, J
ROHIT KUMAR – Appellant
Versus
Indira Gandhi National Open University (IGNOU) – Respondent
CIC/IGNOU/A/2023/633535



The Right to Information Act mandates timely responses, but delays due to operational exigencies do not constitute a violation if adequate information is provided.

Headnote:(A) Right to Information Act, 2005 - The appellant sought information regarding non-receipt of study materials for the BSCG program - The CPIO provided information regarding the status of the materials and the reasons for delays - The FAA confirmed the information and stated that some materials were still under printing - The appellant's dissatisfaction led to a second appeal. (Paras 1-4)

(B) Information Disclosure - The CPIO's response was deemed appropriate as per the information available at the time, and the Commission found no grounds for further relief. (Paras 6-8)

Facts of the case:
The appellant, a student, filed an RTI application regarding the delay in receiving study materials for the BSCG program, claiming that he had not received the books despite multiple visits to the headquarters. (Paras 1-2)

Findings of Court:
The Commission found that the CPIO had provided adequate information regarding the status of the study materials and that the delay was due to operational exigencies. (Paras 6-8)

Issues: The main issue was whether the information provided by the CPIO was complete and satisfactory regarding the delay in receiving study materials. (Paras 3-4)

Ratio Decidendi: The Commission ruled that the CPIO's response was appropriate given the circumstances and that no further action was warranted under the RTI Act. (Paras 6-8)

Result: Appeal dismissed.

O R D E R

1. The Appellant filed an RTI application dated 23.02.2023 seeking information on the following points:

 “I have been a student of IGNOU since July 2020, I had done registration for the academic year 2022-2023 for the final year of BSCG programme in July 2022 but I have not received all of my books yet.

Neither, I received the books by post, not even by visiting the headquarters. It has been more than 7 times that I visited to the IGNOU headquarters for books but not got them. I also visited today for the same but the officials replied in negative and did not give me the books. However, he replied that he does not know till when I get my all books.

I have also paid the fee on time but I could not get the books on time, this can also lead to getting a backlog/failure in this academic year.

I want to ask, how long will it take to get my books for academic year 2022-2023 for BSCG final year?”

2. The CPIO replied vide letter dated 27.03.2023 and the same is reproduced as under:- “Please refer to your online RTI application dated 23/02/2023 received in this office on 24/02/2023 in respect of Information sought under RTI Act 2005.

In this connection, it is to inform you that MPDD (SSC) has given the study material of BMTE-144, BPAS-186, BSOS-185, BZYEL-142, BZYEL-144, BZYET-141 & BZYET-143 by hand to the student on 06/10/2022.

The study material of BGGET-141, BGGET-142 & BMTE-141 is under Printing stage.

If you have any further query regarding non delivery of the article, you may write to India Post with above details or e-mail to gmsm.parcel@indiapost.gov.in.”

3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 01.04.2023 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 25.04.2023 stated that:

“In this connection, it is to inform you that MPDD (SSC) has given the study material of BPAS-186, BSOS-185, BZYEL-142, BZYEL-144 on 06/10/2022, BMTE-144 on 23/12/2022 and BZYET-141 & BZYET-143 on 27/01/2023 by hand to the student. However, the delay is attributable to operational exigency. Moreover, it is also informed that the study material of BGGET-141 has been dispatched on 21/04/2023 through India Post to your registered address vide bar code No. CD418231632IN. You may track the consignment on the website of India Post and also contact your local post office with the above tracking No. In the meantime, you can download the available study material on the egyankosh link on the website of IGNOU i.e. www.ignou.ac.in.

If you have any further query regarding non delivery of the article, you may write to India Post with above details or e-mail to gmsm.parcel@indiapost.gov.in. The study material of BGGET-142 and BMTE-141 is under printing stage.

Hence, the first appeal filed by you is resolved.”

4. Aggrieved with the FAA’s order, the Appellant approached the Commission with the instant Second Appeal dated Nil.

5. The appellant and on behalf of the respondent Ms. Manisha Rani, CPIO, attended the hearing in-person.

6. The appellant inter alia submitted that he had not timely received the books for final year of BSCG programme in July 2022 and they had simply informed him that the books were at the printing stage.

7. The respondent while defending their case inter alia submitted that the printing could not be completed in 2022 and the appellant was accordingly informed. However, the CPIO further clarified that for two courses mentioned in the RTI application, the softcopies of the ,material was available at e-gyaankosh and was uploaded at their website.

8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that appropriate reply was given, as per the information available at the material time. Moreover, the CPIO having informed that the books were at the printing stage, no action could be taken within the ambit of RTI Act. There appears to be no scope for further relief in the m

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