Colleges told to conduct first appeal hearings

Times of India: Aurangabad: Tuesday, 25 August 2015.

The State Higher and Technical Education department has removed all ambiguity over shouldering the responsibility of the Appellate Authorities (AA) while disposing of RTI queries filed with colleges. The department has clarified that institutes and their parent bodies will have to appoint these authorities at their level for redressal of first appeal made under the Act.

The much-needed clarification has come from the government following a review meeting held by the State Information Commissioner (SIC) Ratnkar Gaikwad recently. Gaikwad said that the existing set of rules pertaining to disposal of RTI applications was causing 'confusion'.

"While carrying out hearing of second appeals made under the RTI Act, 2005, the SIC observed that earlier notifications issued in February 2007 and February 2008 were causing confusion over shouldering of responsibilities of the AA. It was unclear whether the first appeals should be referred to the divisional-level government authorities or heard by colleges on their own," a senior education department said.

Observing that competent authorities from the offices of joint director and deputy director of education were largely considered as AA by applicants even if the desired information is restricted to a particular educational institute, the SIC said that such unwanted flow of RTI applications towards these offices was resulting into mounting pendency at their level.

As per the latest orders issued by P M Takate, deputy secretary of the Higher and Technical Education department, if the information sought under the RTI query is related to college or its parent organisation, then the college authorities concerned are expected to carry out its redressal at the level of the Public Information Officer (PIO) and AA. It says that authorities such as college principals can be vested with the responsibility of carrying out hearings under first appeal, while lower rung authorities could be appointed as PIOs.

Similarly, PIOs and AAs from offices of deputy director and joint director among other regional offices of the education department have been asked to disseminate desired information sought under the RTI Act pertaining to their purview.

These orders have been issued by the education department in keeping with specific instruction from the SIC. Different education department offices and public universities have been asked to share these orders with institutions under their jurisdiction. The government has also sought a compliance report within 20 days about the necessary steps taken in response to these orders.

Among other instructions, the education department has asked public undertakings to ensure sufficient number of PIOs and AAs for carrying out speedy disposal of RTI applications. They have been also asked to show necessary compliance with Section 4(1)(a) and Section 4(1)(b) of the RTI Act.