I have received the response of the RTI application sent to the IISER ,Bhopal (Indian Institute Of Science Education and Research,Bhopal ) on dt. 8/8/2014.In this response,the Public Information Officer-IV of the said institute stated that "please let the applicant know that the IISER admissions are conducted by Joint Admissions Committee (JAC),IISERs .The above information is not available with our office."
I had sought information about Admission Procedure in IISER ,Bhopal for the BS-MS Programmes of the year 2013 through all three methods (Admission through Kishore Vaigyanik Protsahan Yojana,Admission through place in the Rank List of JEE-Advanced 2013 and admission through IISER Science Aptitude Test for the State/Central Boards Students) by seeking Category Wise Cut -Off and a copy of Merit List of each selected Students of the Physics Stream of the Year 2013 selected through Kishore Vaigyanik Protsahan Yojana,JEE-Advanced 2013 and the State/Central Boards and also seeking a copy of result list of IISER Science Aptitude Test of each selected students of physics stream of the year 2013 .
I was informed by a student of one of the IISER that IISER ,Bhopal is not issuing Cut-Off,Merit List and Result Of Aptitude Test and the reason behind not issuing is that IISER ,Bhopal is involved in making fraudulent admission through ''back door'' of such students who are not eligible to be enlisted in merit list and who are not qualifying aptitude test.
Question Of Law
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The Central Public Information Officer Cum Assistant Registrar of the IISER,Bhopal namely Gaurav Awasthi transferred the application to the Public Information Officer -IV of the institute namely Ms. Sherly George and the Public Information Officer -IV submitted its response to the Central Public Information Officer that "please let the applicant know that the IISER admissions are conducted by Joint Admissions Committee (JAC),IISERs .The above information is not available with our office " and the same information was forwarded to me by the Central Public Information Officer Cum Assistant Registrar of the IISER,Bhopal.
Neither the Central Public Information Officer ,nor the Public Information Officer -IV transferred the RTI application to the Joint Admissions Committee (JAC),IISERs ,according to the procedure established under section 6(3) of the RTI Act,2005 ,as it is mandatory under section 6(3) of the RTI Act,2005 to transfer the application to other appropriate public authority if the information sought is not available with the public authortity where the application is sent.Being the Senior of the Public Information Officer-IV,it was the primary responsiblity of the Central Public Information Officer to transfer this application to the Joint Admissions Committee (JAC),IISERs after recieving response from the Public Information Officer-IV.The Public Information Officer-IV had also a responsibility of transferring this application to the Joint Admissions Committee (JAC),IISERs if the information was not avialable with its office.
I have been refused access to information requested under this Act ,because my application must have been transferred within 5 days of the receipt of the application ,according to the procedure established under proviso to the section 6(3) of the RTI Act,2005.Instead of transferring it within 5 days,the application was disposed of,which should also be deemed to have refused the request in view of the section 7(2) of the RTI Act,2005.
Under section 18(1) of the RTI Act,2005 ,the Central Information Commission has been conferred special power and under this section,i am going to make a complaint to the commission against the said Central Public Information Officer and the Public Information Officer -IV . The Both officers deserve to be subjected to penalty of fine under section 20(1) of the RTI Act,2005 and deserve to be subjected to disciplinary action under section 20(2) of the RTI Act,2005.
It's surprising that the response sent to me has also been sent to the First Appellate Authority Cum Registrar of the IISER,Bhopal.First appeal is filed before the first appellate authority by the aggrieved applicant under section 19(1) of the RTI Act,2005 and there is no any law to send the same response by the Public Information Officer to the First Appellate Authority.It appears that the first appellate authority has already been managed in case if i file the first appeal before him,that's why the response sent to me has already been sent to the First Appellate Authority.
It is Prima Facie evident that there is fraudulent admission going on in the IISER,Bhopal and that's why my RTI Application was not transferred and that's why first appellate authority has already been managed.
Instead of filing first appeal ,i am going to file complaint before the Central Information Commission. An RTI application will be filed also before the Joint Admissions Committee,IISERs.
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