I have received the reply to my first RTI Application to WBPDCL (http://www.rtiindia.org/blogs/linard...plication-103/) scanned copy of the pages of which are attached in this post. However I am not satisfied with the catered information.
Under Point 2, the PIO mentioned ".........it was found that Shri Roy did not satisfy the requirements of qualification as mentioned in the Advertisement dated 6th June 2006. As per Advertisement specialization in Personnel Management / HR from the Institute of repute recognized by the AICTE would be the first specialization which was found absent in hi s case."
Since there was no specific mention of "first" specialization in the advertisement, what question may I include in my first appeal to compel the PIO to agree that there is a deviation from that mentioned in the advertisement, when judging the eligibility criteria of the candidates?
For my question 2, the annexure doesn't cover the information in full. For the First candidate, Institute is not mentioned. Furthermore, Major, Minor, Second Specialization issue is not mentioned. So far my knowledge goes any degree called MBA (HR) is not offered by the mentioned Universities. The degree is MBA only with specialization in one/two fields.
For my question 3, a quantitative reply was expected but no specific reply was given.
These are a few points which I've found to be queried through first appeal. Furthermore I request expert opinion to help me find out anymore queries which will compel the PIO to approve that the screening of candidates was done deviating from the eligibility criteria mentioned in the advertisement.
I am of the view that if you think that the PIO has provided a false information, you can file first appeal against the PIo with the evidences you have. You can prove with the copy of the advertisement that the PIO has provided wrong information. However, it is not clear that the person rejecting your candidature and the PIO are the same persons. if the PIO is a different person and he has supplied the information based on record (although the wrong entries have been made on record) then he is not at fault as he has only provided the wrong information only on the basis of record. If you think that the wrong entries have been made in the records then the relief is not available under the RTI Act, but under a different forum.
If you are not satisfied with this reply, you may revert back with specific questions please.
Sir, please note that the point upon which the whole matter pivots is very delicate. As per the recruitment advertisement, Human Resource Specialization was asked for. However when I passed the written examination and reported to appear for the Group Discussion round, I was debarred from sitting in the GD round telling that I'm screened out at this stage since I had second specialization in HR & not main specialization.
Now my point is, I was eliminated upon a criterion which was not specified in the advertisement. As per recruitment ad, candidates having HR as specialization may apply. Now my challenge is to frame such a query which will compel the PIO to reveal the fact that they have eliminated me upon a criterion which was not clearly specified in their advertisement.
Please refer the second scanned page (Point 5). The PIO has used two terms (technical jargons??) “prejudicially” and “stipulation”. I haven’t found the first word in the dictionary and stipulation should not be applicable in case of determination of eligibility of a candidate, isn’t it? The criteria should be very specific and must be adhered to.
Inviting opinion of expert forum members.
You cannot bring up "new issues or questions" in the First Appeal.
You can only point out deficiencies in the information provided by the PIO.
Better to go point by point and draft an appeal: (just an example)
a) Mention the matter that you asked
b) Mention the reply given by PIO
c) Mention the section of the RTI Act under which you are appealing for this point only
So on and so forth....
At the end give your plea in the appeal:
My Plea in this appeal:
1. For Item 1 above, please instruct PIO to give correct information
2. For Item 2 above, please instruct PIO to give complete information