To,
Prof. S.M. Sajid
(The Appellate Authority)
Jamia Millia
Islamia
Jamia
Nagar, New Delhi – 25.
Ref. No. :- JMI,F1
(Please mention this Ref. No. in all future
correspondence.)
1) Full name of the
appellant : AFROZ ALAM SAHIL
2) Address : C/o:- Faiz Ahmad Faiz
F-56/23, Sir Syed Road,
Batla House, Okhla, New Delhi-25.
3) The grounds for
appeal :
a)
Incomplete Information from CPIO.
b)
Required information as per the bullet points in my RTI Application not
received from the CPIO.
1. What is the Jamia
Millia Islamia (JMI) Policy regarding student union election? Please provide
photo copy of Policy.
JMI
Reply: The Jamia Millia Islamia (JMI) has had student’s union from
time to time whenever the atmosphere in the campus was conducive.
Comment: Question is about policy which means a
principle decision of decision making body. You have intentionally withheld
providing the correct information which is compulsory under RTI 2005.
That
policy decision must have defined “conducive atmosphere for election”.
2. Is there anybody
set by JMI to decide on the date and month of election in JMI?
JMI
Reply: The Committee of senior Professors reviews the situation
from time to time.
Comment: Vague
and incomplete reply. JMI PIO’s tried to withhold information on current
committee, if formed.
3. If yes, please
provide me the list of the members in that body and their designation?
JMI
Reply: Names of the
professors can’t be disclosed under section 8(a) & (g) of the RTI Act-2005.
Comment: Can
JMI PIO inform what are interests being protected in the required information?
According
to the Section 8(a) of RTI Act-2005:-
information,
disclosure of which would prejudicially affect the sovereignty and integrity of
India, the security, strategic, scientific or economic interests of the State,
relation with foreign State or lead to incitement of an offence;
According
to the Section 8(g) of RTI Act-2005:-
information, the disclosure of which
would endanger the life or physical safety of any person or identify the source
of information or assistance given in confidence for law enforcement or
security purposes;
4. How many times this
body meet in a year? Please provide me the meeting minutes for the year 2004 to
till date.
JMI
Reply: The committee meets
every few months. The minutes of the meeting can’t be disclosed under section
8(a) & (g) of the RTI Act-2005.
Comment: Can JMI PIO inform what are interests being
protected in the required information?
According
to the Section 8(a) of RTI Act-2005:-
information,
disclosure of which would prejudicially affect the sovereignty and integrity of
India, the security, strategic, scientific or economic interests of the State,
relation with foreign State or lead to incitement of an offence;
According
to the Section 8(g) of RTI Act-2005:-
information, the disclosure of which
would endanger the life or physical safety of any person or identify the source
of information or assistance given in confidence for law enforcement or
security purposes;
5. In which month
according to the rules/guidelines of the JMI election of the student union are
held?
JMI
Reply: Response to Q.1 applies.
Comment: Wrong
Reply, because according to JMI Academic Council’s Resolution No.3 (Dated
18.11.2005), “Election to the JSU shall be held in the last week of
September, preferable on Friday.”
6. In which month in
2011 these elections are scheduled?
JMI
Reply: Response to Q.1
applies.
7. If these elections
are not yet announced when they will be announced?
JMI
Reply: Response to Q.1
applies.
8. Please give the
name and designation of the authority that is responsible for announcing the
dates for these elections?
JMI
Reply: The office of the Dean, Students’ Welfare announces the
elections.
Comment: The
contents are matter of records.
9. If the elections
will not be allowed this year who will be responsible for this and what action
will be taken against him under JMI rules/guidelines?
JMI
Reply: This is not
“information” within the meaning of Section-2(f) of the RTI Act, 2005.
Comment:
According
to the Section 2(f) of RTI Act-2005:-
"information"
means any material in any form, including records, documents, memos, e-mails,
opinions, advices, press releases, circulars, orders, logbooks, contracts,
reports, papers, samples, models, data material held in any electronic form and
information relating to any private body which can be accessed by a public
authority under any other law for the time being in force;
Above act defines that in
absence of students union elections in last five years, there must have been
some sort of correspondence between DSW and higher authorities for not conducting
election?
It also means that
decision to not hold election must have been in formal and written way which
must have been conveyed to concerned authorities.
With this, JMI PIO has
tried to hide correspondence and documents related with decision of students
union in Jamia.
10.
What is Jamia’s
position towards Lyngodh recommendation? Does Jamia approve or disapprove it?
JMI
Reply: The query is opinion
based and not “information” within the meaning of Section 2(f) of the RTI Act,
2005.
Comment: Jamia
must be informed that Lyngdoh Recommendations are not “Opinion”. It is upheld
by Honourable Supreme Court and calling Lyngdoh Recommendation merely opinion
can be considered as contempt of court.
Since the
Lyngdoh Recommendations have been officially approved and communicated by UGC
under which JMI is recognized as university, how can Jamia without a decision
on the matter.
11.
If Jamia approves, Lyngdoh, what actions were taken to
implement these recommendations?
JMI
Reply: Response to Q.1 and
Q.10 applies.
Comment: Jamia
must be informed that Lyngdoh Recommendations are not “Opinion”. It is upheld
by Honourable Supreme Court and calling Lyngdoh Recommendation merely opinion
can be considered as contempt of court.
Since the
Lyngdoh Recommendations have been officially approved and communicated by UGC
under which JMI is recognized as university, how can Jamia without a decision
on the matter.
12.
If not approved, was there any decision about
disapproving? Please provide the copy of that decision?
JMI
Reply: Response to Q.1 and
Q.10 applies.
Comment: I’m
asking for Copy of decision.
13.
Did Jamia receive any communication from UGC with
regard to students union election, please provide copy of the letter if any?
JMI
Reply: A generic query was
raised to the Universities in the country by the University Grants Commission
as regards (a) Elections of Students Union, and
(b) Role of Government. This was also received by the Jamia Millia Islamia,
responded by, interalia, communicating that although there is no Students’
Union but there are representative bodies of students in every
department/centre.
Comment: I’m
asking for copy of letter.
14.
Did Jamia send any letter to the UGC with regard to
students union election? If yes please provide copy of the letter?
JMI
Reply: Response to Q.13
applies.
Comment: I’m
asking for copy of letter.
15.
Did Jamia establish Grievances Redressal Cell as per
requirement of Lyngdoh recommendation?
JMI
Reply: No
Comment: The
contents are matter of records.
16.
Does Jamia have any mechanism to redress grievances
other than Lyngdoh recommended Grievances Redressal Cell.
JMI
Reply: There is a subject
association formed in each department/centre having elected representatives of
students with a faculty member acting as students’ advisor. Besides, in case of
any grievances the students approach Head of the Department, Dean of the
Faculty, Dean, Students’ Welfare, Registrar and the Vice-Chancellor.
Comment: The
contents are matter of records.
17.
How many grievances were complained to the cell from
2007-2010?
JMI
Reply: Response to Q.15
applies.
Comment: The
contents are matter of records.
18.
How many of grievances were dismissed, resolved and
heard?
JMI
Reply: As above
Comment: The contents are matter of records.
19.
Is there any cell for gender sensitization in order to
prevent women harassment?
JMI
Reply: Yes
Comment: The
contents are matter of records.
20.
How many cases of women harassment were registered and
resolved in 2010?
JMI
Reply: Three cases of women
harassment were registered in 2010 and all the three cases have been resolved.
Comment: The
contents are matter of records.
21.
What were the reasons behind not conduction union
election in Jamia?
JMI
Reply: Response to Q.1
applies.
Comment: Question
is about policy which means a principle decision of decision making body. You
have intentionally withheld providing the correct information which is
compulsory under RTI 2005.
That
policy decision must have defined “conducive atmosphere for election”.
22.
Who has power to decide about holding or not holding
student union election? Please name the body?
JMI
Reply: The University
authority will decide the matter.
Comment: The
contents are matter of records.
23.
Is there any circular, letter issued with regard to
union election after 2006 union election?
JMI
Reply: No notification
issued.
Comment: The
contents are matter of records.
24.
Who approves decisions on students union and what was
the last decision approved about students union?
JMI
Reply: Response to Q.22
applies.
Comment: The
contents are matter of records.
25.
Other than Union election, was student representation
was allowed in the absence of union election?
JMI
Reply: Students have
adequate representation through Subject Associations that comprise students
duly elected within each department and should have regular interaction with
the authorities.
Comment: The
contents are matter of records.
26.
How the students representation was adopted? Nomination
or election?
JMI
Reply: Response to Q.25
applies.
Comment: The
contents are matter of records.
27.
Is there any decision of Jamia that students
organizations will not be allowed to work in Jamia? Please provide copy of that
decision?
JMI
Reply: There is no such
decision.
Comment: The
contents are matter of records.
28.
If any student organization/forum has barred from
working in the campus in past?
JMI
Reply: No
Comment: The
contents are matter of records.
29.
If any action taken against any students because of his
or her affiliation to a student organization?
JMI
Reply: No
Comment: The
contents are matter of records.
30.
What are the guidelines of students election practiced
in last elections in Jamia?
JMI
Reply: Copy attached
Comment: The
contents are matter of records.
31.
Can student organizations circulate their handbills,
posters in the campus?
JMI
Reply: Yes
Comment: The contents
are matter of records.
32.
Can student organizations/forums organize their
meetings in the campus?
JMI
Reply: Yes
Comment: The
contents are matter of records.
33.
How many students have been expelled/suspended or fined
or warned by proctor office with regard to violating Jamia’s rules and
regulations? Please provide statistics of such actions from 2007-2010.
JMI
Reply: 33 students have
either been expelled/ suspended, fined or warned for violating JMI rules and
regulations.
Comment: The
contents are matter of records.
34.
Please provide name of students expelled in 2010 and
reasons behind the action?
JMI
Reply: Names can’t be
provided under section 8(j) of the RTI Act, 2005.
Comment:
According
to the Section 8(j) of RTI Act-2005:-
information
which relates to personal information the disclosure of which has no
relationship to any public activity or interest, or which would cause
unwarranted invasion of the privacy of the individual unless the Central Public
Information Officer or the State Public Information Officer or the appellate
authority, as the case may be, is satisfied that the larger public interest
justifies the disclosure of such information.
The Notice(S)
of such students are widely displayed in the Notice Board(s) of the University
premises to hold out warnings to the others students so that they become more
alert in future. Hence the conclusion drawn herein above /reason(s) 0f section
8(j) shall not apply.
It is
also required as reason(s)/ approval on which expulsion is sought. Kindly
provide me the Copy of the same.
35.
Please provide me the following information regarding
Students Union fee of Rupees 50, which is paid to JMI by Students each year.
a) How many Rupees
have been collected in the name of Students Union fees since 2011?
b) Is there any
Students Union to spend this money?
c) If yes, please
provide me the minutes and reports of Students Union meetings and activities.
d) If no, how does JMI
spend this fee each year?
e) Please provide me
the account details of spending Students Union fees since 2007.
f) If this fee is not
utilised in its regard who will be the responsible for this and what action
will be taken against him under JMI rules/ guidelines?
g) Is there any plan
to give up this fee from next year onwards.
JMI
Reply: The fee charged has
not been utilize for any purposes. It will be adjusted against future dues.
Comment: The
reply given by the Deemed PIO(S) is contrarily to the information desired and
misleading, which is voilative of my Fundamental Right.
The reply is vague, misconceived, which is contrary to the
information desired and fully irrelevant.
4)
Prayers:
a) The 1st
appellate authority should mention in his order recommending penal provision
and direct strict disciplinary action to be taken against CPIO under Section 20
of the RTI Act for denying of information and dereliction of duty.
b) The CPIO be
penalized and strict disciplinary action be taken against him under services
conduct Rules and Discipline and Appeal rules 1968 and 1969.
c) The CPIO be
directed to provide true and complete information sought by me in my RTI
application.
d) Kindly provide the
information point-wise and in Hindi or English language as far as possible as
required under Section 6 (1), 4 (3) and 7 (9) of the RTI Act, 2005.
e) If any information
is denied then please quote the exemption clause of Section 8 (1) and a brief
reason as to how it applies. This is a requirement of the RTI Act,
as per Section 7 (8) (i) read along with Section 19 (5).
Signature of the Applicant
Encl Copies:
1. Reply to my
application filed under the RTI Act-2005.