The UGC gave complete money and yet did not take any action for three years except sending dutiful reminders to the Institution for the incomplete work. This is the 86th in a series of important judgements given by former Central Information Commissioner Shailesh Gandhi that can be used or quoted in an RTI application

The Central Information Commission (CIC), while allowing an appeal, directed the chairman of University Grant Commission (UGC) under the Ministry of Human Resources Development (HRD) to give a report on actions being taken against the errant institution.
 

While giving this judgement on 25 February 2009, Shailesh Gandhi, the then Central Information Commissioner said, “It is a matter of concern that the UGC which has been charged and trusted with the responsibility of recognizing educational Institutions and disbursing grants, acts in a completely irresponsible manner and takes no responsibility to bring errant Institutions in line.”

Meerut (Uttar Pradesh) resident Jai Chand Tyagi, on 15 May 2008, sought information about mis-utilisation of UGC grants towards the scheme of women's hostel by Shaligram Smarak PG College at Rasna in Meerut, from the Public Information Officer (PIO) of UGC under the Right to Information (RTI) Act. Here is the information he sought and reply given by the PIO...

1. Information furnished by Commission under page serial no. (9.5/436) line no. 17 & 18 mentioned therein (it is a fact that hostel building is not complete and not yet functional). Commission has submitted it report of mis-utilisation of UGC grants by the college, but till no information of action taken against the report has been intimated/furnished. It is, therefore requested to supply the same in the first instance.         

PIO's Reply- The NRCB has send inspection report of Shri Shaligram Smarak College, Rasna, Meerut to Chairman, UGC for suggestion of further action and after receive the same action suggested will be intimated to you.

2. If found mislead by the college in this matter, what action/rules & regulations being suggested by the UGC against the college. A copy maybe provided. 

PIO's Reply- If found any mislead by the college in the matter of misutilisation of UGC grants, then UGC has provision in the guidelines to inspect the Construction of Building maybe it's a Women's Hostel or any other building, which may be seen as Annexure-I.

3. Is any action will be taken by the UGC against the college in the matter or not, proof information in this regard may be provided.  

PIO's Reply- Already stated above in the reply of S.No.1.

Not satisfied with the replies of PIO, Tyagi filed his first appeal. There was no mention of an order passed by the First Appellate Authority (FAA). Tyagi, then approached the CIC with his second appeal.

During the hearing before the CIC, it became known that Tyagi had been trying to draw the attention of UGC to the fact that Shaligram Smarak PG College at Rasna in Meerut had taken grant for a hostel building, which was not completed, and he alleges it (the building) stands on land not owned by the college.

Tyagi had filed a complaint about this in July 2006 after which the UGC constituted an enquiry Committee headed by Dr CS Meena and Prof MH Qureshi. The Committee, in its report submitted on 9 October 2006 said that the hostel building was not complete.

The Committee recorded the complaint of the appellant that the hostel building was on land whose ownership was not with the institution, but made no further comment. The enquiry committee also recorded that a false report has been filed with UGC about the hostel building being complete. The UGC gave complete money for the building, and yet did not took any action in the last three years except to send dutiful reminders to the Institution, the Commission observed.

Tyagi had asked about what action has been taken against the Institution and the UGC informed him that it only sent reminders to Shaligram Smarak PG College.

Mr Gandhi, the then CIC, said, "It is a matter of concern that the UGC which has been charged and trusted with the responsibility of recognizing educational Institutions and disbursing grants, acts in a completely irresponsible manner and takes no responsibility to bring errant Institutions in line."

While allowing the appeal, he then directed the chairman of the UGC to send a report in this matter to Tyagi and the CIC before 15 March 2009. The Commission also directed the PIO to give a copy of the Enquiry Committee report to the appellant and the Commission.

CENTRAL INFORMATION COMMISSION

Decision No. CIC /OK/A/2008/01189/SG/2074

https://ciconline.nic.in/cic_decisions/SG-25022009-12.pdf

Appeal No. CIC/OK/A/2008/01189/SG

Appellant                                            : Jai Chand Tyagi

                                                            Meerut - U.P.

Respondent 1                                     : Dr (Mrs) HK Chauhan

                                                            Joint Director & PIO

                                                            University Grant Commission

                                                            Ministry of H.R.D.

                                                            35-Ferozshah Road,

                                                            New Delhi - 110001