Adv. For the Complainant         : -  Swarna Bhushan Sahu and Others

        Adv. For the OP No. 1 & 2        :-   Sairaj Sai and Debasish Biswal

        Adv . For the OP No.3 & 4         :- Bhabani Shankar Satpathy

        Date  of filing of the Case          :- 08.05.2023

        Date of Order                                :-03.04.2024    

JUDGMENT

Smt. Jyotsna Rani Mishra , Member

Fact of the case:-

              Complainant is a bonafide student of Indra Gandhi National Open University (IGNOU)  , Koraput Division , during the academic year 2016 as a B.SC. student pass out successful in Degree Examination. The IGNOU , Regional centre, Koraput had allotted the Enrollment No.116730439 to appear the Degree of Bachelor of Science with Zoology as major subject , but complainant  had not been provided a certificate as yet through in the mean time 4 Academic session have been exhausted.

            That, on 21.06.2019 the complaint had submitted her Grievance petition addressing the principal IGNOU, koraput, with the request to provide the certificate against which she has deposited Rs.600/- on dt.23.02.2017 But there is no certificate is provided, despite repeated approach’s. The complainant reminded the Authority concerned of (IGNOU) very often.

            That, the dispatch clerk of IGNOU , Koraput informed the complainant that the certificate has been dispatched vide postal consignment No. ARO717665692IN (Speed Post) Dt.28.04.2017.

                  Further after receiving the information the complainant enquired about the status of receipt , at the Head Post Office , Bolangir, but the computer clerk of the office of superintendent post offices, Bolangir division Bolangir , after through checking replies that, No such postal consignment number is in existence.

        That the complainant confirmed her-self that the clerk of IGNOU, Koraput is telling lie without dispatching the ‘Certificate’ and playing mischief with the complainant, by giving a fake “ Postal Consignment Number” .

           Then that, the complainant in her Grievance petition submitted on 21.06.2019, addressing (Op1) ( Principal IGNOU, Koraput) categorically requested to provide “ Photo copy of Postal Receipt Dt.28.04.2017 said to be dispatched.    

      Where in the “ Certificate” said to has been provided by the clerk of IGNOU , Koraput inconformity to such dispatch , but till today, the photo copy of the postal Receipt has not been provided, which substantially established the mischievous act of the Op1. The intention of the OP1 is not clear from his activities for which the complainant has to suffer irreparable loss being deprived from higher education for non-providing the “ certificate”.

         That, complainant husband on 12.02.2022 at 06.06. PM through e-mail message to IGNOU submitted the Grievance and in reply submitted that the grievance details has been register vide token (GST) No.442218997053 but of no avail.

           That, complainant sought for information under RTI 2005, by submitting application  before the intendant of post offices  Koraput Division , Jeypore on 07.02.2023. but the C.P.I.O S Sr. Superintendent of post offices, in his reply submitted about destroy of the registered post article communicated vide letter No. CR/RTI/KPT/11/2023 dated at Jeypore (K) the 08.03.2023.

      That, Again the complainant sought for information under RTI Act 2005 by submitting Application before the superintendent of post offices, Bolangir Division on dt.07/02/2023 Simultaneously the C.P.I.O cum superintendent of post offices, Bolangir in his reply vide letter No. PG/BGR/RTI/- 13/2023 Dated at Bolangir the 14.02.2023. Where stated that the information sought for covers more than 5 years.

              That, the complainant has sustained loss mentally physically and financially and also a great setback for, High education for non- supply of the “Certificate” as yet.

           And complainant could not submit the certificate before the appointing authority to avail the further service benefits as she is engaged as pharmacist at ART centre, DHA, Bolangir and continuing as such from 23.05.2016.

Complainant relies on following documents –     

1. Acknowledgment copy. ( Annexure –A)
2. Provisional Certificate copy IGNOU .( Annexure-B)
3. Print Acknowledgement copy. ( Annexure- C)
4. Postal Receipt copy.( Annexure-D)
5. Certificate not yet received copy and Postal Receipt Copy Page 2

( Annexure-E)

6. Grievance Submission Token Copy and Page 2 (Annexure-F)
7. Supply of Information under the provision of the RTI Act – 2005.

Bolangir( Annexure –H)

8. Information Letter RTI ( Annexure-J)
9. Engagement as Pharmacist, under Odisha – SACS ( Annexure –k)
10.  Joining Letter ( Annexure – L)

Having gone through the complainant, It’s accompanied documents and on hearing the complainant prima facie it seemed to be a genuine case, hence admitted and notice to the opposite parties were served and in response Ops appeared through their counsel and filed their written statement taking some preliminary objections such as –

1. (OP1 and OP2)  stated that the complainant did not attend the convocation ceremony to receive her degree certificate. But student Evaluation Division, IGNOU , New Delhi dispatched the mark sheet and provisional certificate to the candidate vide Registered post No. RD 687866804 IN dated 18.08.2016 without dereliction to the duty. And with the help of mark sheet and provisional certificate the candidate can pursue higher studies and also can apply for employment purpose.
2. Despite repeated approaches of complainant no certificate was provided. Replying Ops submit that after receipt of the prescribed fee payment of Rs.600/- from the complainant her convocation degree certificate was issued and same has been sent to student by speed post No. ARO717665692IN Dt. 28/04/2027. By Indian postal service. OP has never received the certificate from the postal department.
3. After receiving the information the complainant, Enquired about the status of postal receipt. At the Head Post Office Bolangir. After through checking replies no such postal consignment number is in existence. Onus lies on the complainant to prove the same.
4. Regional centre Koraput has provided the required support services on time and never harassed the learner in extending the required things. The office already dispatched the convocation certificate on. 28.04.2017. without any delay after receipt of Rs.600/- from the learner towards the fees of certificate. The onus lies on the complainant to prove the same. Further submitted that OP1 and OP2 are the same and one person.

To counter the allegation in the rival contention OP3 and OP4 stated that

1. OP3 commited to the service of general public on behalf of the govt. of India through the Department of posts which has been one of the most trust worthy department. OP3 being devoted to duties supplied the information as sought for under the RTI Act 2005. The Act of the OP3 is to furnish certain information to citizen who desires to have it and is binding. Consequent upon the destruction o0f record as the case is more than 5 years old and preservation period is over, desired information could not be provided to the complainant. So there is no deficiency in service on the part of OP3.
2. Complainant had sought for supply of date of dispatch of one registered article requested for supply of the status of that consignment through her application dt.07.02.2023 under RTI Act, 2005.

OP4 being the CPIO-cum superintendent of post office, Bolangir Division replied that preservation period of delivery slip is already over hence information can’t be supplied. Complainant not satisfied with the reply of OP4. And an appealed before the appellate authority the Opspost master General, Sambalpur Region. Appellate authority disposed of the appeal of complainant.

And it is humbly submitted that there is no deficiency of service on the part of OP3 and OP4. They have supplied information to the complainant as per the existing rule of the postal department. So it is crystal clear that there is no role of Op3 and Op4 in this case.

In the view of above fact and circumstances and carefully gone through the evidence and written statement available on record and taking facts and circumstances in to consideration that complainant brings unnecessary allegation on Op1 and OP2.The Ops cannot be held responsible for allegation made by the complainant that after checking or inquired about the status of the receipt . at the Head Post Office , Bolangir no such postal consignment number is in existence. And also IGNOU has dispatched the certificate in time by speed post of Indian postal service and the certificate in question has never returned back to the IGNOU. On us lies on the complainant to prove the same but complainant fail to prove the same.

On the other hand complainant had complete the course successfully and her rights to get a certificate for further study or for job opportunities, against which she has deposited Rs.600/- as such I gave any thoughtful consideration in favour of the complainant with following direction . Hence order.

ORDER

Considering the student’s requirement for the certificate for further study /job , the student evaluation Division of IGNOU is here by directed to issue a duplicate certificate to complainant within one month of this direction.

PRONOUNCED IN THE OPEN COMMISSION TO-DAY 03^rd day of  April’ 2024.