TAMIL NADU INFORMATION COMMISSION Post Box No.6405 Kamadhenu Super Market First Floor, Old No.273, New No.378, Anna Salai, Teynampet, Chennai – 600 018
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TAMIL NADU INFORMATION COMMISSION Post Box No.6405 Kamadhenu Super Market First Floor, Old No.273, New No.378, Anna Salai, Teynampet, Chennai – 600 018. Tel : 24357580 Case No.25879, 26648, 26649 & 26936/ Enquiry / 2009 Date of Enquiry : 24/02/2010 Present Thiru.S.RAMAKRISHNAN, I.A.S.,(Retd) STATE CHIEF INFORMATION COMMISSIONER Thiru.G.RAMAKRISHNAN, I.A.S.,(Retd) STATE INFORMATION COMMISSIONER Petitioner (1) Dr. D. Arul Samraj Reader in Zoology Madras Christian College (Autonomous), East Tambaram Chennai - 600 059. (2) Thiru E. Iyappan Lecturer in Chemistry Madras Christian College East Tambaram, Chennai - 600 059. (3) Tmt.C. Amirthavalli Lecturer in Chemistry Madras Christian College East Tambaram, Chennai - 600 059. (4) Thiru P.Selvasingh Richard Lecturer in Chemistry Madras Christian College East Tambaram, Chennai - 600 059. Public Authority The Public Information Officer University of Madras, Chepauk, Chennai - 600 005. * * * * * 1. For today's (24/02/2010) enquiry, all the Petitioners were present. On behalf of the Public Authority / Public Information Officer Thiru C. Srinivasan, Assistant Registrar, University of Madras, Chennai - 600 005 was present. 2. The petitioners in these cases have basically asked a set of queries covering five issues. (1) List of Lecturers and Principals belonging to various Minority Colleges affiliated to the University of Madras, for whom qualification approval has been granted by the University of Madras, from 4.4.2000 till date along with the UGC norms adopted. (2) Details of UGC norms adopted by the University of Madras (including composition of Selection Committee) for granting qualification approval to all the Lecturers appointed to permanent vacancies (No.A.II/ASO-I/APPL. QLN./2004/815, dated 19 May 2004) and FIP vacancies from 4.4.2000 to till date in Madras Christian College. (3) Distinction between approval for appointment in permanent vacancy and FIP vacancy and the concerned provisions of law. (4) Role of University of Madras in the matter of approval of their appointment so as to get their salary and the concerned provisions of law. (5) Whether it Is true that the University of Madras is unable to implement the decision as published in The Hindu, Chennai, Thursday, March 5, 2009 page 8 under the heading "Varsity approves appointment of 160 faculty members", and Times of India, Chennai, Wednesday, April 22, 2009, under the heading "Faculty in Minority Colleges okayed" because of the Writ Petition filed by Mr.C.Selvam of Chrompet, a Commerce Lecturer ? 3. The Public Authority conceded that they have not furnished the information asked for to all these five queries and they have now prepared the replies. The reply sent earlier merely states that the information is covering some old records and that the matter is sub-judice before the court and the information is being gathered. But, it is seen that the court has not placed any embargo on supply of information. As such, no section of the R.T.I. Act, bar supply of information as the only relevant section 8 (1) (b) would apply only for information which is under embargo by a relevant court of law. Otherwise, pendancy before a Court of Law is not a ground on which the information can be refused. Hence, it is clear that the information asked for has not been supplied, well beyond the date on which it was due with no sufficient cause to cite as the original application has been made as early as August 2009. 4. The Commission therefore rules that (a) The Registrar, University of Madras would ensure that information asked for is supplied in full and complete form for all these five issues as per the queries made by each of the petitioners, delivered to them, their acknowledgement obtained and filed before the Commission within a period of 10 days from the date of receipt of this order. (b) Information will be supplied free of cost under Section 7 (6) of the Act and any payment already made by the petitioners will be refunded to them. ( c ) The personal explanation of the Public Information Officer concerned as to why the penal clause of the Act should not operate be obtained and filed before the Commission within four weeks of this order. TAMIL NADU INFORMATION COMMISSION Orders approved on this the 03rd day of March. 2010 Under the orders of the Commission [S,Mohanadhas] Assistant Registrar Case No. 25879, 26648, 26649 & 26936/ Enquiry / 2009 (1) Dr. D. Arul Samraj Reader in Zoology Madras Christian College (Autonomous), East Tambaram Chennai - 600 059. (2) Thiru E. Iyappan Lecturer in Chemistry, Madras Christian College East Tambaram, Chennai - 600 059. (3) Tmt.C. Amirthavalli Lecturer in Chemistry, Madras Christian College East Tambaram, Chennai - 600 059. (4) Thiru P.Selvasingh Richard Lecturer in Chemistry Madras Christian College, East Tambaram, Chennai - 600 059. Case No. 25879, 26648, 26649 & 26936/ Enquiry / 2009 The Public Information Officer University of Madras, Chepauk, Chennai - 600 005. .