TEST OF REASONABLITY OF FEES UNDER RTI 2005
lissing perme
(Querist) 30 December 2010
This query is : Resolved
FACT OF THE CASE-PIO of Arunachal Pradesh Public Service Commission(APPSC) is charging Rs 25/- "Marks statement" of candidate which is just one A4 size paper.
GROUNDS-The stand of APPSC is that since 1989 they has established rule/notification by Chief Secretary/Govt. under which the cost priced of "Marks Statement" is Rs 25/-,further they said that it come under definition of "Priced Publication" under Arunachal Pradesh RTI Rule 2005.
APRTI RULES 2005- According to the Arunachal Pradesh RTI Rule 2005 the fee for information are
1)where the information is available in form of priced publication if priced so fixed.
2)for other than priced publication the fee is Rs 10/- per page.
QUESTION-
1)can one A4 size paper be come under definition of "Priced Publication"????
2)is cost of one A4 paper (Marks statement)as Rs 25/-is reasonable ???
3)suppose if I asked for "Marks Statement" of 200 candidates then according to rules of Arunachal Pradesh Public Service Commission it will cost me Rs 5000/- (25x200=5000),it meant for 200 A4 paper I am paying Rs 5000/-
But in market the priced one packet(contain 500 sheets) of A4 size paper is Rs 200 only.
So is this not against the very Spirit of RTI 2005,which said that additional fee should be reasonable.
SUGGESTION/REMEDIES-............
yogesh
(Expert) 30 December 2010
1 If its Photocopy then its not reasonable usually its is Rs 2/-
See you cannot discriminate between fees for duplicate sheet or fees for information
If you are asking for statement for 200 candiates then its not reasonable as such statemnt means that result declared on the notice board
lissing perme
(Querist) 30 December 2010
THANK'S YOU SIR!!! I am really sorry to say that i do not get/understand your reply. so sir if possible make it easier so that i could get that.
Advocate. Arunagiri
(Expert) 31 December 2010
The government had fixed fee for obtaining the duplicate mark sheet as Rs.25.
So, this duplicate mark sheet can not be given under the RTI's usual cost.
mahendrakumar
(Expert) 31 December 2010
I fully agree your logic.
However,if it is mentioned in rti act for your state,you may have to challenge it at highcourt level.
You may file an appeal at SIC level.
also try to make as many rti applications through your friends,so that a public awareness is created about this exploitation.
R.Ramachandran
(Expert) 31 December 2010
Dear Lissing,
Your arguments are fallacious to say the lease.
1) You say mark sheet is just a "A4 size paper" . If it is so, will you go to the authorities to get one A4 size paper or to a stationery shop?
2) Under RTI you cannot question the "reasonability" - Under RTI you can only obtain "information".
3)In fact, if you ask "Marks Statement" of 200 candidates then, the PIO can refuse to give it to you stating that it is third party information.
4) Spirit of RTI 2005, is to provide information. The minimum charge for entertaining an application has been fixed as Rs. 10/-. For all other costs the same has to be paid like photocopying charges, registered post charges, now even inspection charges on hourly rate basis etc. etc.
5) You ask for suggestions and remedies. Suggestion is just pay Rs. 25/- and get your mark sheet. Remedy - Do not try to abuse the RTI provision which has been made available to the people of this country after great struggle. This sort of misuse and abuse will be cited as a reason for stricter norms which will affect scores of other genuine people.
lissing perme
(Querist) 31 December 2010
@ Arunagiriji and Mahendrakumarji!! so sir ultimate answered of my query is that if there is provided rule of cost by Appropriate Govt. then CIC/SIC has no power to test the reason-ability of provided cost????
Again I am really thankful to you all for reply!! and I wish all the members of lawyersclubindia "A HAPPY AND PROSPEROUS NEW YEAR"
lissing perme
(Querist) 31 December 2010
@R.Ramachandranji THANK'S!! for response.but for my own clear understanding of the topic i could like to add fews comment on your reply paras wisely.
1.I don't understand your first point.
2. For second point I could like to say that, what is the meaning of Section 18 (1)(d)which say about the power of CIC/SIC to receive and inquire into a complaint from any person "who has been required to pay an amount of fee which he or she considers unreasonable.
3. Thirdly my understanding of this particular point is that once competition examination is over the mark-sheet become public document and it is no more third party information.
4.For your fourth point again i would say that, what would be the logic of Rs 25/-per Marks Statement(which is on only one A4 size paper).
5.For Your fifth point i would like to say that i had already obtain my Marks Statement and already made payment for obtaining marks statement others 51 candidates @ Rs 25.
Again my idea was not to abuse the RTI provision insist i want to check the abuse of RTI rules by the Public Authority though members of lawyerclubindia.
Sir for me and you Rs 25/- may be o.k.but what about the 70% Indian which is poor which daily income is Rs 100 per day.you wouldn't believe but the fact is that in my state the monthly salary of casual labour is just Rs 1900/- and many students from rural do their study on formula of "one year earn and one year study" basis.
I thinks law which is inaccessible and unrealizable by the common people is meaningless and useless.
Again thank's you for your response and HAPPY NEW YEAR.
mahendrakumar
(Expert) 01 January 2011
charging rs.25 for a single page document is excess by any yardstick.
keeping rs.10/- as application fee for rti purpose was to make the act reachable to all sections of the people.
by proper drafting of rti applications,such unjustified exploitation could exposed.
let the authorities charge the actual costs.
