Answer Posted / ss

Dear kapil & others,
who do believe that the cut off in paper -II in scheme-B
could be so high,...... i am pasting the report.....


CENTRAL INFORMATION COMMISSION
Appeal No. CIC/WB/A/2007/00797 dated 18-8-2007
Right to Information Act 2005 – Section 19
Appellant:
Shri Kundan Kumar
Respondent:
Staff Selection Commission (SSC)
FACTS
By an application of 23.3.2007 Shri Kundan Kumar of
Chankayapuri,
New Delhi applied to Shri V. K. Aggarwal, Under Secretary,
Staff Selection
Commission (SSC) seeking the following information:
“(i)
Total Marks obtained in each subject i.e. English (Paper I
& II), Arithmetic, General Knowledge and Communication
Skill.
(ii)
Total Marks obtained by the last qualified candidate in
each subject for both Assistants and Inspectors in OBC
Category as I belong for the same.
(iii)
Reason that I am not qualified for the interview.”
To this he received a response from Shri V. K. Aggarwal
dated
27.4.2007 as follows:-
“The process of result of Combined Graduate Level (Main)
Examination 2005 is on and in view of this ,it is not found
feasible to provide the information asked for till the
declaration of
the final result.”
Not satisfied Shri Kundan Kumar moved his first appeal
before Jt.
Secretary (Admn.) and 1
st
Appellate Authority, SSC pleading as follows:-
“Reply given by SSC vide their letter dated 27.4.2007 is in
contrary to sub section (8) of Section (7) of the Act.
Neither the
period of appeal nor the particulars of appellate authority
has
been mentioned. As far as reasons for not giving the
desired
information, it has been given mechanically that process of
result is going on and at this stage it can’t be given.”
However, Shri L. Vishwanathan, Director dismissed this
appeal through
his letter of 23.5.2007 with the following comments:-
“According to the policy of the Commission, no information
such
as marks obtained by the candidate, cut off marks etc will
be
disclosed till the declaration of the final results of
Combined
Graduate Level (Main) Examination 2005.”
1
________________________________________
Page 2
Appellant Shri Kundan Kumar’s prayer before us is as below:-

“It is humbly submitted that while disposing my request
neither the CPIO nor the Appellate Authority have
mentioned that the desired information comes within
Section (8) of the Act which states exemption from
disclosure of information. It has also not been stated that
under which provision of the afore said Examination, it
comes within exemption from disclosure of information in
accordance with Section 8 of the RTI Act and for which my
request has been rejected. Further it is also not enable
that
he information which can be given after the declaration of
the results, as informed, cannot be given at this stage. In
any case, a candidate who has not qualified for interview,
how disclosure of his marks obtained in each subjects will
affect the process of result.
The refusal of my request is contrary to the RTI Act and
the
stand taken by CPIO/ Appellate Authority is not in
accordance with aforesaid Act.”
The appeal was heard on 17-11-08. Following are present.
Respondent
Shri V. K. Aggarwal, Under Secretary.
Although informed of the date of hearing through our notice
dated
3.11.2008 Shri Kundan Kumar appellant opted not to be
present. Shri V. K.
Aggarwal submitted a written response dated 14.11.2008 to
our notice
indicating that now the results of the examination are out
and therefore, they
have no objection in disclosing information sought to
appellant.
In this
context he has submitted as follows:-
“Commission has fixed up the cut off in Paper II for
evaluation of
Paper I. The minimum cut off, fixed up by the Commission for
OBC category candidates for evaluation of Paper I was 87
whereas the candidate, Shri Kundan Kumar had got 90 marks
in
Paper II for evaluation of Paper I. The candidate had
secured
43 marks in Paper I i.e. General English & General Studies,
carrying 100 marks. The aggregate marks of Paper I & II
obtained by the candidate are 133 out of the 200 marks.
Thus,
the candidate, Shri Kundan Kumar was selected under Scheme
‘B’.”
In his response Shri V. K. Aggarwal has also proceeded to
present the
difficulties faced by his Commission in complying with the
time limit mandated
by the RTI Act. In this context he has submitted the
following statement.
2
________________________________________
Page 3
No. of Application Received
2941
No. of Application Disposed off

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