Is the National Testing Agency aware of the RTI Act?

The appellant sought the cut-off for Environmental Sciences in the context of certain selection. The PIO denied the information claiming that it is spread over many files and not specific too. Providing such information will require huge effort in creation/compliance and therefore, it is not possible to provide the information. Before the CIC, the PIO submitted that NTA is a relatively new body and the delay in replying to the RTI Application is also attributable to the time taken in setting up the RTI mechanism. The CIC observed that the PIO has tendered a baffling submission about the RTI machinery being still under process in NTA even in the year 2023. The NTA formed in the year 2017 cannot as a public authority under the RTI Act claim that it entailed over 5 years for the implementation of the RTI Act in NTA. The CIC directed that a copy of this order be marked to the Director General, NTA to take note of the adverse observations in this regard. The Director General, NTA was directed to take necessary corrective action to ensure that the PIOs and FAAs are instructed strictly to adhere to time stipulations prescribed under the RTI Act and at no point in time will the post of PIO or FAA be left vacant. The PIO was directed to revisit and provide a proper reply to the RTI Application incorporating the available cut-of marks or categorically state the unavailability thereof free of cost. The PIO was strictly warned to ensure in future that any document that is placed on the record of the CIC should be accompanied with a proper covering letter as the CIC cannot be expected to decipher the relevancy of the documents sought to be relied upon by the PIO without any reference or explanation.

Comments

If a public authority has pending RTI Applications and First Appeal(s) without a mechanism to deal with them, it would be a mockery of the statutory right to information enshrined upon the citizens. All pubic authorities must take steps as required under the RTI Act to ensure such strictures are not passed against it.

Citation: Avik Paul v. National Testing Agency, Second Appeal No. CIC/NTAGN/A/2023/625942; Date of Decision: 04.11.2024

Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Vishakhapatnam. She has co-authored the books PIO’s Guide to RTI and Right to Information – Law and Practice. Her weekly article is being published since 2008 on this site. She offers consultancy on RTI matters and third party audit to individuals / organisations. Her other articles can be read at the website of RTI Foundation at the link https://www.rtifoundationofindia.com