Before The State Information Commission, Kerala
Punnen Road,Thiruvananthapuram-695 039.
Tel:0471 2335199, Fax:0471 2330920
Email: sic@.kerala.nic.in
Present:
Shri.Palat Mohandas, Chief Information Commissioner
Shri.P.N.Vijayakumar, State Information Commissioner
Shri.P.Sherfudeen,
Serin, Chirakkalthazha,
P.O. Paraal, Thalassery-670 671.
Appellant
Vs
1. Public Information Officer &
Secretary,
New Mahe Grama Panchayat,
Peringadi.P.O, Kannur.
Respondents
2. Appellate Authority &
Deputy Director of Panchayat,
O/o.the Deputy Director of Panchayat,
Kannur.
ORDER
The requester/appellant Shri.P.Sherfudeen had preferred a request before the
State Public Information Officer (SPIO) and Panchayat Secretary, New Mahe Grama
Panchayat on 6.5.2008 u/s.6 of the RTI Act.
The request was for giving permission to him to examine the expertise of two
students who had undergone a course in multimedia animation conducted under the
auspicious of New Mahe Grama Panchayat and training imparted to nearly 40 women
candidates. The request was rejected by the PIO on 15.5.2008 informing him that the
request did not fall within the purview of the RTI Act.
An appeal was accordingly preferred on 2.5.2008 before the Deputy Director of
Panchayat. The Appellate Authority had also rejected the request since the request did
not come within the purview of the RTI Act. Thereupon, the second appeal u/s.19(3) of
the RTI Act. The matter was heard on 1.1.2009. Both the requester/appellant
Mr.P.Sherfudeen and the PIO & Secretary Shri.C.Prabhakaran, New Mahe Grama
Panchayat were present. The Secretary had also preferred an affidavit. Both of them
were heard.
The question that arises for consideration is whether the request to
examine their expertise of persons who had undergone a particular course of
training or course of teaching fall within the jurisdiction of access to information
under the RTI Act?
The question herein is fundamentally and basically with regard to interpretation of
two words under the Parliamentary Enactment of RTI Act viz., "information" and "right to
information". Information has been defined u/s.2(f) of the RTI Act. It includes material in
any form including records, documents...... data material held in any electronic form".
Therefore, conducting of an examination to assess the working knowledge of persons
who had undergone a course of study was not mentioned within the term "information".
Right to information is another phrase that had been defined by the Act by opening up a
practical regime of right to information. Framers of the statute had defined the
fundamental right conferred on a citizen as right to information and the meaning thereby
inspection of a work, documents or records. There are four items mentioned under
S.2(j) of RTI Act. Nevertheless, the information did not include conducting of subjective
test or comparing the participants of any course of training to prove their expertise knowhow or knowledge that they had acquired while undergoing the training by an outside
agency other than appraisal of the knowledge, as part of the training.
Therefore, the request seems to be very strange and not in tune with the letter
and spirit of the RTI Act. Of course, the requester had had an occasion to go to the
training course, see the module, syllabus, conducting of the class and such other
paraphernalia that had already been over. Therefore, if anyone wants to examine the
knowledge of a graduate from a University or any person who had acquired some
qualification from any university could not prove fruitful after long absence of years and
permitting such a request under the RTI Act would definitely led to an unhealthy practice
on all course of tanning, teaching, vocational training and such other medias of imparting
knowledge.
Therefore, the interpretation of the request by the PIO and by the first Appellate
Authority are perfectly in tune with the spirit of the statute and therefore, there is no
reason for interference and the appeal thus failed and hence dismissed.
Dated this the 2nd day of January, 2009.
Sd/Palat Mohandas
Chief Information Commissioner
Sd/P.N.Vijayakumar,
State Information Commissioner
Authenticated copy
Secretary (In-charge)
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