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
|
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.
----------------------------------------------------------------------------------------------------------------
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.
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Copy of RTI Fees, Postal Reciept
