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).
Date : 30.11.2011
Place : New Delhi.
Signature of the Applicant
Encl Copies:
1. Reply to my application filed under the RTI Act-2005.
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