Right to Information Act, सूचना का अधिकार अधिनियम, جاننے کا حق: 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

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

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.