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LATEST NEWS UPDATES | Despite HC orders, TNPSC denies info to RTI applicant

Despite HC orders, TNPSC denies info to RTI applicant

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published Published on Jan 2, 2012   modified Modified on Jan 2, 2012

-The Times of India

 

The Tamil Nadu Public Service Commission (TNPSC), which is under a cloud over irregularities in recruitments over the past couple of months, has now extended its dubious streak of not being transparent enough. It has reportedly denied information to an RTI petition on the recruitment of assistant directors of the Town and Country Planning department despite two orders from the high court and two directions from the state information commission since 2008.

R Shivakumar of Choolaimedu filed the petition under the right to information (RTI) Act in December 2008 seeking to find out if the 41 candidates found eligible by the TNPSC actually satisfied the requisite norms. "After 30 years, TNPSC issued an advertisement on February 9, 2008 seeking applications for the post of Assistant Director of Town and Country Planning. It received about 326. After receiving the applications, the TNPSC asked the Directorate of Town and Country Planning to fix eligibilities for the post. I smelt something fishy and filed the petition," Shivakumar said.

Shivakumar had asked for the names of the selected candidates, their qualifications, experience, date of birth and community. The Public Information Officer of the TNPSC said the information could not be provided as the selection process was not finalized. Then, in February 2008, Shivakumar appealed to the Appellate Authority in TNPSC which passed an order saying the information sought could not be furnished and cited provisions of Section 8 (1) (8) and 8 (1) (j) of the RTI Act.

Shivakumar appealed to the Tamil Nadu Information Commission which ordered the TNPSC to furnish the information on September 10, 2009.

"Ten days after the commission issued the order, the TNPSC filed a writ petition in the Madras high court, seeking to quash it," Shivakumar said.

In its petition, TNPSC said: "Only a person who participated in the selection but did not get selected is entitled to know if those selected had the essential qualifications." Dismissing the petition, a single bench, led by justice V Ramasubramanian, asked the TNPSC to furnish the information in four weeks as per the order of the Tamil Nadu Information Commission.

The bench said: "The respondent may not be a candidate who participated in the selection, (but) it does not mean he cannot seek information about eligibility of persons selected to a post which is entrusted with statutory functions."

The TNPSC appealed to a division bench on July 22, 2011. The bench dismissed the appeals and said: "The TNPSC is amenable under RTI Act and is duty bound to furnish information under the Act." The TNPSC has still not furnished the information, Shivakumar said.

Only a person who participated in the selection but did not get selected is entitled to know if those selected had the essential qualifications.

The Times of India, 2 January, 2012, http://timesofindia.indiatimes.com/articleshow/11331728.cms


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