The
Hindu: Hyderabad: Monday, September 16, 2019.
He
sought details in connection with decision to accord 12% reservation in
education and employment
A
city-based RTI activist’s efforts to seek details such as recommendations or
letters in connection with the Telangana government’s decision to accord 12%
reservation to Muslims in education and employment were stonewalled.
‘Incomplete
decision’
Interestingly,
on the one hand, the Government stated that while the decision was taken, on
the other it described this decision as ‘incomplete’ and used this as grounds
to decline information.
The
activist, S.Q. Masood, told The Hindu that while the 12% reservation for
Muslims was a commendable effort, to keep details away from the public was not
justified.
“I
sought the information to study the arguments or comments used to make a case
for the reservations. Since the reservations could have affected a large number
of people, it is incorrect to not put the correspondences between the State and
Centre and policy details in the public domain,” Mr Masood said.
The
RTI query was first sent to the Office of the Chief Secretary. The General
Administration Department forwarded it to the Minorities Welfare Department,
which in turn sent it to the Backward Classes Welfare Department (BCWD).
The
department then invoked Section 8 (1) (i) of the Right to Information Act and
refused to provide information.
Delhi
HC order
In
his first appeal, Mr Masood relied on a Delhi High Court order which stated
that once deliberations were over and decisions were taken, the information was
no longer exempt from disclosure. It also observed that the applicability of
the clause was ‘confined to the period when cabinet papers are under
consideration and not thereafter’.
The
activist also cited an order of former Information Commissioner of Andhra
Pradesh State Information Commission S Imtiyaz Ahmed who stated: ‘The
commission is of the view nothing is left secret, even Official Secrets Act has
been brought under the purview of the RTI, unless there is a specific
restriction in the Act. Whatever information held up by any public authority is
liable to be disclosed to the citizens’.
“Despite
providing the BCWD with relevant orders, it was stated that the action, meaning
reservations, is incomplete till the bill is passed, a gazette notification is
issued, and reservations are implemented in the State,” Mr Masood said.
A
second appeal at the Telangana State Information Commission has been filed and
a hearing is awaited.
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