Monday, October 13, 2014

J & K : Withholding Teachers’ List, Activist Moves SIC Against JKSSB

Withholding  Teachers’  List:  Petition Filed Against      JKSSB


Withholding  Teachers’ List
 Activist Moves SIC  against   JKSSB

Jammu, 13/Oct/2014: Aggrieved over the casual approach and delaying tactics of the        Jammu and Kashmir Service Selection Board, JKSSB in issuing the teachers’ list of        several       districts for which the advertisement notices were issued in year 2012 and        2013  and where the interviews have also been conducted a long ago. A complaint        under section     15 of Jammu and Kashmir Right to Information Act, 2009 have been        filed with the J & K       State Information Commission wherein the complainant, RTI        activist Raman Sharma        have submitted that  by speed post on 22/Aug/2014 he had          sent an RTI         application under ‘Life & Liberty ‘clause (section 7-1  ) of  Jammu and          Kashmir Right to          Information Act 2009 to the Public Information officer of JKSSB    at      Srinagar     office which was duly  delivered by the postal         department in the office of     the    respondent on 26/Aug/2014. 
In his complaint addressed to the Registrar, JKSIC,  the activists has stated that he had urged the Public Information Officer, PIO of the JKSSB to provide the information within 48 hours as per the mandate of Life and Liberty Clause of the Jammu and Kashmir Right to Information Act 2009  as the subject of the sought information related to a very important issue pertaining to  Life and future of 1000s of  young educated youth of Jammu and Kashmir State who have applied for the various posts of teachers in response to JKSSB’s  advertisements  vide notice no’s 03 of 2012,   dated 28.12.2012, no: 02 of 2013  dated 16.02.2013, & no:  05 of 2013  dated 02.03.2013 . In the petition it is also submitted that  except few districts, the JKSSB have announced the successful candidates for other districts and there the successful candidates have even joined their place of posting whereas the candidates of the remaining districts where  the result is yet to be declared are waiting anxiously and there is not word or information from the recruitment agency about their fate, the commission has also been apprised that the subject RTI application was duly received by the respondent on 26/Aug/2014 much earlier before the devastating flood in the state and the respondent was under legal obligation to honour the RTI act and provide reply within 48 hours as the applicant had sought information under life and liberty clause.  

Earlier through  his RTI application to the JKSSB, Sharma had sought information about the policy/rule/procedure adopted by the JKSSB, for different posts the maximum time limit      fixed           under  which the recruitment procedure should be culminated/completed by the JKSSB    where there is     no court order/ Stay.  It is pertinent to mention here that JKSSB had invited applications for the posts of teachers for different districts of the  state vide different  advertisement  notices such as notice no 03 of 2012,   dated 28.12.2012, no: 02 of 2013  dated 16.02.2013, & no:  05 of 2013  dated 02.03.2013 . Though the exams & interviews were  conducted for the said posts & even the merit list been declared/announced for districts like, Reasi, Kishtwar, Poonch, Baramulla, Ganderbal etc but the merit list/selection lists of district Jammu/Udhampur & Kathua  are still awaited. Despite the fact that the interviews of the candidates belonging to these districts were conducted earlier than the other districts where the lists have been published/announced/declared but still the results of the candidates of these districts and the merit lists are not being announced/published which has put the career/future  of thousands of young educated aspiring candidates male and females in a state of limbo, this is obviously a grave matter related to their life and livelihood that's why the information seeker has contested that the sought information obviously falls under the provisions of the Life and Liberty Clause of the Jammu and Kashmir Right to Information Act 2009 and that deserved to be released within 48 hours.


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COPY OF  COMPLAINT:


       Complaint  Under   Section  15  of   J & K   RTI  ACT  2009

To
The Registrar
State Information Commission
J&K, Jammu.


Appellant

RAMAN SHARMA,
Address: k-236, Mast Garh, Jammu. 180001
Mob: 9796811012, email: jkrtiact@gmail.com

Respondent

Public Information Officer,
Jammu and Kashmir Service Selection Board, JKSSB, Zam Zam Building, Rambagh, Srinagar,190001.

                                                         

Detail of information sought and Fees: Copy enclosed as annexure A & B.


Reason for the Complaint:          The appellant through speed post on 22/Aug/2014 had sent an RTI application under ‘Life & Liberty ‘clause (section 7-1  ) of  Jammu and Kashmir Right to Information Act 2009 to the Public Information officer of JKSSB at Srinagar office. The said application was delivered by the postal department in the office of the respondent on 26/Aug/2014.


In the RTI application, the appellant had urged the respondent to provide the information within 48 hours as per the mandate of Life and Liberty Clause of the Jammu and Kashmir Right to Information Act 2009  as the subject of the sought information related to a very important issue pertaining to  Life and future of 1000s of  young educated youth of Jammu and Kashmir State who have applied for the various posts of teachers in response to JKSSB’s  advertisements  vide notice no’s 03 of 2012,   dated 28.12.2012, no: 02 of 2013  dated 16.02.2013, & no:  05 of 2013  dated 02.03.2013 .


Unfortunately, except few districts, the JKSSB have announced the successful candidates for other districts and there the successful candidates have even joined their place of posting whereas the candidates of the districts of the result is yet to be declared are waiting anxiously and there is not word or information from the recruitment agency about their fate.

The above application was duly received by the respondent on 26/Aug/2014 much earlier before the devastating flood in the state and the respondent was under legal obligation to honour the RTI act and provide reply within 48 hours as the applicant had sought information under life and liberty clause.    



Moreover, the respondent have shown scant respect for the law passed by the state assembly and orders of the honourable J & K State Information Commission where from time to time the honourable commissioners have asked the officers to provide the information to citizens within the time frame without resorting to delaying tactics.

Now it is over 45 days, but even today, there is no correspondence or intimation by the respondent to the appellant about the status of his RTI plea forget reply. Even if it is assumed that the subject RTI application was not falling under life and liberty clause even then the respondent should have provided the information to the applicant within 30 days which have also been passed.


PRAYER: Through this submission under section 15 of the JK RTI Act 2009,  I seek your kind intervention in this matter and urge you to take action as per the provisions of the act, order  a probe to trace out the person responsible for restraining the respondent to  supply the information to the appellant within stipulated period of time. The Honourable commission may also award compensation to the appellant as this commission deems appropriate for mental agony caused to the information seeker for depriving him of his right  and also the cost of this complaint.  



Dated:     13/Oct/2014                                                                    Raman Sharma

                                                                                                          Appellant.



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Copy of RTI Application

 APPLICATION UNDER JAMMU AND KASHMIR RIGHT TO INFORMATION ACT 2009

To                                
                                                                                   
The Public Information Officer,

Jammu & Kashmir State Selection Board, Srinagar.


Respected Sir,  

 Kindly provide me following information under the provisions of section 7(1)  of J & K RTI Act 2009 where it being mentioned that in case of life and liberty the information shall be provided within 48 hours of the receipt of the request.  I am bonafide resident of the state & an initial fees of Rs. 10/- is enclosed herewith as IPO No_. 08F- 876774.


BACKGROUND:  The JKSSB invited applications for the posts of teachers for different districts of the  state vide different  advertisement  notices such as notice no 03 of 2012,   dated 28.12.2012, no: 02 of 2013  dated 16.02.2013, & no:  05 of 2013  dated 02.03.2013 . Though the exams & interviews have been conducted for the said posts & even the merit list been declared/announced for districts like, Reasi, Kishtwar, Poonch, Baramulla, Ganderbal etc but the merit list/selection lists of district Jammu/Udhampur & Kathua  are still awaited. Despite the fact that the interviews of the candidates belonging to these districts were conducted earlier than the other districts where the lists have been published/announced/declared but still the results of the candidates of these districts and the merit lists are not being announced/published which has put the career/future  of thousands of young educated aspiring candidates male and females in a state of limbo, this is obviously a grave matter related to their life and livelihood. Hence the sought information obviously falls under the provisions of the Life and Liberty Clause of the Jammu and Kashmir Right to Information Act 2009. The learned PIO of the SSB is thus requested to supply the information within stipulated period of time.



INFORMATION SOUGHT

1.       As per policy/rule/procedure adopted by the JKSSB, for different posts the maximum time limit   fixed        under  which the recruitment procedure should be culminated/completed by the JKSSB   where there is        no court order/ Stay.
2.       Kindly provide me copy of such Policy, rule, procedure adopted by the JKSSB regarding time     schedule        fixed for completion of recruitment procedure.
3.       In how many years/months/days the merit list of candidates belonging to district Jammu, Kathua and        Udhampur would be announced/declared who has appeared for written tests and interviews in    response to the above quoted notifications for the posts of teachers. 
4.       As per official record of the JKSSB Whether the merit lists are being prepared for district        Jammu/Kathua/Udampur or are there  any discrepancies. 
5.       Kindly intimate whether there is any court order/notice being issued to the to the JKSSRB (with    regard to         different advertisement notices such as notice no 03 of 2012,   dated 28.12.2012, no: 02 of        2013         dated 16.02.2013, and no:  05 of 2013  dated 02.03.2013).
6.       Kindly provide me copies of all such court orders being issued to JKSSB ( with regard to vide        advertisement notices such as notice no 03 of 2012,   dated 28.12.2012, no: 02 of 2013  dated        16.02.2013,     and no:  05 of 2013  dated 02.03.2013).
7.       Whether there is any proposal pending with the JKSSRB to forumulate a   policy/rule/norm/procedure to        fix time limit for completion of recruitment procedure of different    posts issued by the JKSSB.
8.       As per the official record of the JKSSB any official reason mentioned for the delay in        announcing/declaring merit list of the candidates belonging to district Jammu/Udhampur and Kathua.
9.       Intimate Name and designation of  the competent  authority/officers/official of JKSSB who takes final        decision to declared merit list of         candidates.  

        

Dated: 22/Aug /2014                                                                                       RAMAN SHARMA.               
                                                                                                                                                 
                                                                                                                            [Applicant]

Address:   Raman Sharma, . 236-K , Mast Garh,  Jammu. 180001 J & K                             Mob: 9796811012.  

Email: JKRTIACT@GMAIL.COM,  Web Link:  JKRTIACT.BLOGSPOT.IN .



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Copy of RTI Fees, Postal Reciept
















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