The Central Information Commission has asked the University Grants Commission to address concerns over the implementation of cadre recruitment rules governing promotions for non-teaching staff in Central universities after noting that the issue raised by an RTI applicant was “a matter of great concern”.
The case stems from an RTI application seeking details of action taken by the University Grants Commission (UGC) and the Ministry of Education on recommendations relating to promotional avenues for engineers, programmers, system analysts, network analysts, security officers, and other non-teaching personnel in Central universities.
The appellant alleged that despite the UGC framing Model Cadre Recruitment Rules (CRR), some universities were extending the benefits only to the newly appointed employees, and sought information on the steps taken to ensure their implementation.
"The issue raised by the appellant during the hearing regarding non-disclosure of action taken by the Central universities regarding the implementation of Model Cadre Recruitment Rules is a matter of great concern,” Information Commissioner Sudha Rani Relangi said in an order.
Taking what it termed a "liberal view and purposive interpretation of the RTI Act, 2005", the Central Information Commission (CIC) suggested that the UGC write to registrars and other competent authorities of Central universities, highlighting the concerns relating to non-implementation of cadre recruitment rules for non-teaching staff.
The CIC also said that if any such correspondence is issued, a copy should be filed before it and provided to the appellant free of cost.
During the hearing, the appellant argued that although the UGC's cadre recruitment rules for non-teaching staff were intended to benefit the existing employees as well, some Central universities were extending the benefits only to the newly appointed staff.
He also said that information on action taken regarding the implementation of the model rules by the universities had not been disclosed to him.
The UGC submitted that relevant records, including committee-related documents, minutes of its 550th meeting, a letter dated December 7, 2021, and the education ministry's approval dated January 30, 2023, had already been provided to the applicant.
It also told the Commission that Central universities are autonomous institutions created under Acts of Parliament and they are governed by their own statutes and ordinances.
While the UGC does not interfere in their day-to-day functioning, the universities are required to adhere to the model recruitment rules framed by the regulator for the non-teaching staff.
The Commission observed that the reply furnished by the UGC's central public information officer (CPIO) appeared to be in accordance with the RTI Act, noting that a CPIO "can only provide such information as is held in the office record" and is “not obligated to create information”.
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