The CPIO must provide requested information or invoke relevant exemptions; misleading responses violate the obligations under the RTI Act.

ORDER

1. The Appellant filed an RTI application dated 18.03.2024 seeking information on the following points:

 I, Kabita Kumari Shaw, Enrollment no: 2353422443, Course DECE, RC: KOLKATTA, Part of the Final Year Seeking Information Under Right to Information Act 2005.

1. Provide me the copy of Training / Placement / Acknowledgement letter from the University giving permission to do the project in the school which Comes under my Study Center, Paper Code DECE-4

2. Provide me the Name of the Academic Counsellor and Guide respectively along with Contact number against the paper code, DECE -4

3. Provide me Copy Attendance Schedule For Academic Counsellor and guide for April 2024 and May 2024 in Study Center against paper code DECE-4

4. If these Paper Code – DECE-4 Contains synopsis in the project then please provide me mail id to approve the synopsis

5. What will be the Academic qualification of guide which the IGNOU/University Provide against Paper Code –DECE-4

2. The CPIO replied vide letter dated 16.04.2024 and the same is reproduced as under :-

1. Please refer to the project guide for DECE-004 (The project guide is also available online at the following link: https://www.egyankosh.ac.in/handle/ 123456789/43979) and follow the instructions regarding training / placement and approach the coordinator of your study centre for necessary permission to do your project in the nursery school. In case of any difficulties, you may contact the Regional Director/Assistant Regional Director at Regional Centre Kolkata.

2. The list of the approved academic counselor is available at the Regional Centre website at the following link: http://rckolkatta.ignou.ac.in/Ignou-RCKolkata/ userfiles/file/ONLINE%20APPROVED%20AC%20DATA%20AS%20ON%2011_12_2023_WEBSITE.pdf.

3. Not applicable

4. You can approach the coordinator of your study centre for necessary approval of your synopsis. In case of any difficulties you may contact the Regional Director/Assistant Regional Director at Regional Centre Kolkata

5. The qualification and eligibility needed for a nursery teacher working in the nursery school/preschool/kindergarten school is the academic qualification of the guide for the Project Work DECE -004.”

3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 18.04.2024 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 25.04.2024 upheld the reply given by the CPIO.

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

5. The appellant’s representative Kundan Prasad and on behalf of the respondent Dr. Jyotirmaya Shaw, CPIO, attended the hearing through video conference.

6. The appellant’s representative inter alia submitted that the appellant was not provided with the copy of permission/training letter for carrying out the project in the assigned course. He insisted on the information sought in point no. 1 of the RTI application.

7. The respondent while defending their case inter alia submitted that the appellant was required to follow the project guide and seek the permission letter from the Regional Office. However, the appellant had directly sought the same from the CPIO, through an RTI application.

8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that the respondent replied on 16.04.2024. The reply given in response to point no. 1 of the RTI application appears to be misleading and evasive. As per the provisions of the RTI Act, the CPIO is under an obligation to either furnish the information or deny the same by invoking relevant exemption clauses provided under the Act. The CPIO has not resorted to either of the options an