Re: [HumJanenge] Re: [HumJanenge-YG] Re: KU: Ignorant of rules, PIO returns RTI Application - Early Times - 11 Nov. 2010

To: Manoj/WEDS (2 messages in 1)

1) The Delhi High Court (in Sanskrit Schools matter) has held that
establishment / constitution by appropriate govt is not an ingredient
for non-governmental organisations (and KU is an NGO) while examining
2(h) (defn of P/A).

2) KU is admittedly a NGO substatntially financed indirectly by
Central Govt through UGC.

3) It is unclear if the RTI applicant Raman Sharma is a resident of
J&K or not. Hence if the issue of which act the application was made
is in doubt the PIO can certainly pick and choose which Act he would
prefer to reply under.

4) Nothing turns on "2006". It can be explained as a typographical error.

5) The Karnataka HC is as fully empowered as the Central Govt (DoPT)
is to specify that they will only accept fees by money order. <wink>.
There is no question of "overriding An Act passed by Parliament of
India!" in this. Furthermore the KSIC has upheld this practice thus
"Since the Petitioner has not paid the required fee in the format
prescribed by the Karnataka High Court, the application and the
complaint are not maintainable ". So you know where your remedy to
this lies <ha ha ha>

6) Any High Court can set aside a decision of the CIC / a SIC subject
to maintainability of the Writ Petition.

Sarbajit

On Sat, Nov 13, 2010 at 5:44 PM, Manoj Pai <manojpai@yahoo.com> wrote:
> I hate to differ with you, Sarbajit, the University of Jammu and Kashmir were birfurcated into two seperate Universities by the Act of the State Legislature in 1969. No doubt you are right that it receives substantial financial assistance from the UGC, but then it had be formed by an act of the State Government with control vested with the State.
>
> Maybe you are right about who can apply or could be denied the info under the Central or State Act as the case maybe, but the issue is here is the case of the PIO returning the RTI Application by quoting the wrong act. Before, we proceed further, let us ask if the information is important to the applicant seeking the information.
>
> Were I the applicant and if the info was important to me, I would file a fresh application and send the requisite fee in form of DD Under "RTI, Act, 2006" - repeat "RTI, Act, 2006" as stated by the PIO. I would keep trying till I get the desired information. Later, I would go in for a complain for each application earlier denied.
>
> As far as the issue of the citizenship / place of residence is concerned, let me inform, that even before the State Act came into force in 2009, I could manage to get information from not only the State and Central Public Authorities, but a few local Public Authorities of J&K as well. How I got them is another story.
>
> Best wishes
>
> Manoj Pai
>
>
> --- On Sat, 11/13/10, sroy1947 <sroy1947@gmail.com> wrote:
>
>> From: sroy1947 <sroy1947@gmail.com>
>> Dear Mr Bhat
>>
>> Kashmir University is substantially financed by the
>> University Grants
>> Commission by Central funds.
>>
>> So does this mean that citizens of India not resident in
>> J&K cannot
>> DIRECTLY apply to Kashmir University under the RTI Act 2005
>> (Central)
>> to seek to know how these funds are being used, and since
>> they are not
>> allowed to use J&K RTI Act 2009 ?
>>
>> Sarbajit
>
>
>
>
>