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By Ravi Krishnan Khajuria

By Peerzada Shabir • 2008-04-17 • 7 min read

JAMMU, May 23: Nitty-gritty of the J&K RTI Act 2004 apart, even well-educated RTI crusaders in the state are miffed over no publicity by the government and virtually no access to Form 'A'-a prescribed format, on which he or she has to apply to seek information under the Act.

Subsequently, Form 'B'-rejection order by in-charge officer citing reasons thereof besides suggesting the applicant to file an appeal to the controlling officer, Form 'C'-containing fresh response of the in-charge officer and Form 'D'-appeal by the aggrieved applicant under section 9 (1) of the Act to the controlling officer are part of the prescribed format.

Apart from elusive format, the RTI Act says that departments falling under its purview should maintain their official websites displaying from time to time status of the applications moved by RTI crusaders seeking information.

It may not be out of place to mention here that one such RTI crusader in Jammu and Kashmir-Dr Raja Muzaffar Bhat of Chadoora, who has attended workshops on RTI Act with the likes of Magasaysay award winner Aruna Roy, social activists Medha Patkar, Anna Hazare, Prashant Bhushan and ex-IRS officer Arvind Kejriwal, first had no idea about the prescribed format and then had to toil hard for getting access to it.

It was Dr Bhat whose e-mail was entertained as a PIL by a Division Bench of the State High Court comprising the then Chief Justice Bashir Ahmed Khan and Justice JP Singh on March 30 this year issuing a notice to the Chief Secretary C Phunsog asking him to explain why the RTI Act has not been implemented in the state in letter and spirit.

"The state government after framing rules to the RTI Act on June 30, 2005 launched its official website www.jkgad.nic.in on May 7 this year wherein along with the rules prescribed format of Form A, B, C and D have been appended but how many persons among total population of the state are computer literate," asked a high court lawyer.

He further said, "The lackadaisical approach among senior officials and ignorance among second rung officers called 'controlling officers and in-charge officers' have rendered the 'revolutionary' Act redundant." "Cumbersome procedure, nonchalant attitude and ignorance among senior officers, political pressures in certain cases can simply dishearten even an educated person trying to get information under the Act, leave aside major chunk of state population which is of poor semi-literate or illiterate people," he added.

Talking to the Kashmir Times, State Law Secretary AH Kochak, however, said, "Applicants can either obtain them (forms) from General Administration Department or produce replica of these forms appended with the J&K RTI Rules 2005 published in the government gazette." When asked whether these forms have been kept at the disposal of different department heads, controlling officers and in-charge officers, Kochak said, "Probably, these forms have been issued to various controlling officers and in-charge officers of different departments for distribution among information seekers." However, this correspondent, who personally visited three government departments of health and medical education, social welfare and education, came across in-charge officers, who had no idea about these forms.

When contacted, State Advocate General Mohammed Altaf Naik opined, "Normally, every department falling within the purview of the RTI Act should have these application forms with them." Regarding another provision of the RTI rules, which suggests applicants to consult the website of departments from time to time so as to ascertain status of their applications, the Law Secretary AH Kochak said, "Though General Administration Department (GAD) has its website and all the state government departments fall within its purview but still some of them have launched their websites and some of them have yet to come out." It may be mentioned here that GAD's website www.jkgad.nic.in which among other things has the J&K RTI Act 2004, J&K RTI Rules 2005 along with prescribed format of Form A, B, C and D, was launched this year on May 7 by the Chief Minister Ghulam Nabi Azad and one can gauge well the fate of applications received by different departments including the GAD between the period of June 30, 2005 (the day rules to the Act were framed) and May 7, 2007 (the day when GAD's website was launched).

In one such instance, when GAD website had yet to come up a software engineer managed to get the prescribed format of Form 'A' last year through one of his acquaintances, who was an employee in the office of the state legislative assembly.

Being a software engineer well-versed with internet usage he in his repeated endeavours could not locate any official website of the Jammu and Kashmir state government leave aside finding the prescribed format of these forms of the J&K RTI Act 2004.

Further, a million dollar question to this government can be asked that despite world being a global village in the wake of IT revolution and the state government launching its half-baked website www.jkgad.nic.in on May 7, 2007 how many persons among the total population in the Jammu and Kashmir state are computer savvy, which in 2001 had 55.52 percent literacy rate-third lowest among 35 states and UTs of the country.

The Centre RTI Act 2005, which is far more viable compared to the State RTI Act 2004, has a provision that a person, who desires to obtain any information under the centre act, shall make a request in writing or through electronic means in English or Hindi or official language of the area.

And where such request can not be made in writing, the Central Public Information Officer or State Public Information Officer, as the case may be, shall render all reasonable assistance to the person so as to reduce his request in writing.

550 students, 3 room high school in Anantnag By Peerzada Shabir SRINAGAR, May 23: A high school in Anantnag district is functioning in three rooms, and it has 550 students on its rolls.

The school is located in the bastion of former chief minister and Peoples Democratic Party (PDP) patron Mufti Mohammad Sayeed.

The school is in village Kanelwan- Anantnag.

The school was upgraded from middle school to high school in November 2003 by Mufti with the assurance that every thing will be made available not within months, but within days.

The school has to cater the needs of the students of at least 15 adjoining villages.

On rainy days the school remains closed as there is no accommodation for students.

"We sit at home during the rains" said Aqeel a student.

" Now the there will be surge in temperature, we have again sit at home" adds Aqeel's classmate Aftab.

The students for past three years have hardly grasped any thing.

"There were rains for most of the times.We have not studied what we expect," said Ashiq another student.

The school is housed in three rooms with a staff rooms.

Three classes in one room "Three sections in one, I think whom these innocent students listen.

It is injustice with these students, their precious time gets lost," said a teacher.

The residents of Kanelwan and adjoining areas have lost hopes that accommodation will be provided.

"The school is having a big play ground, the government can build a degree college" said Khaliq a resident of near by Kate village.

To the utter surprise, from the year the school was upgraded the school has shown 80 percent result in 10 th class board results "How they qualify, I am surprised" said a retired teacher.

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