Key Takeaways
- Daily-wage workers at MGKVP face uncertainty despite a 2016 government notification aimed at their regularization.
- An RTI application revealed potential failures in the university’s implementation of the regularization rules, raising concerns about transparency.
- The PIO’s responses included claims of proactive disclosure and limitations on obligations, which necessitated further scrutiny.
- The denial of regularization and the evasive RTI response challenge administrative accountability and public trust.
- The situation highlights the urgent need for transparency in processes affecting staff working on daily wages. It calls for further appeals to demand clarity.
⚖️ The Unfolding Saga of Daily-Wage Staff Regularization at MGKVP: An RTI Analysis
The promise of job security is a vital aspect of social justice. This is especially true for those who have worked for years on precarious daily wages. In 2016, the Government of Uttar Pradesh addressed this issue. They issued a crucial notification regarding the Regularization of Daily Wage workers in government departments. Recently, there was a Right to Information (RTI) application about the Mahatma Gandhi Kashi Vidyapith (MGKVP) University in Varanasi. This application highlights a potential administrative failure in implementing these rules. There was also a highly contested response from the Public Information Officer (PIO).
This blog post explores the specifics of the notification. It addresses the sharp questions raised by an information-seeker. The post also examines the controversial disposition of the RTI application. It sheds light on the broader challenges of transparency and accountability in public administration.
The Regulatory Framework: U.P. Regularisation Rules, 2016
On September 12, 2016, the Government of Uttar Pradesh issued rules for regularising persons working on daily wages. These are for those on work charge or contract in government departments. This applies to Group C and Group D posts outside the purview of the Uttar Pradesh Public Service Commission.
This notification was issued in exercise of powers conferred by the proviso to Article 309 of the Constitution of India. It superseded previous rules. The aim was to provide a clear, one-time mechanism to bring eligible temporary workers into regular employment. These workers are on the payroll of various state government departments and public authorities, like universities.
The central intent of these rules was to mitigate the severe hardship and uncertainty faced by individuals. These individuals had dedicated years of service but lacked the fundamental security of permanent employment. For an institution like MGKVP, this required a significant administrative exercise. They needed to identify and screen eligible Group C and Group D staff. Then, regularize their employment.
❓ The Five Pillars of Inquiry: The RTI Application
The information seeker, Yogi M P Singh, filed an RTI application (Registration Number MGKVV/R/2025/60036) seeking specific details. He was driven by the assertion that the university had not regularized any daily-wage staff under the 2016 notification. The questions were carefully framed to probe both the outcome and the process of implementation.
- Query 1: List of Regularized Personnel. This was the most direct request—a verifiable list of section-wise personnel who benefited from the notification.
- Query 2: Communications with the Government. This sought to uncover the paper trail. It investigated what efforts, if any, the university made to correspond with the state government regarding the implementation. It also looked at clarification or challenges related to the 2016 rules.
- Query 3: Right to Reason for Non-Regularisation. Arguably the most critical question. If no regularization occurred, the applicant demanded an explanation for this administrative inaction. They cited the fundamental principle that the “right to reason is an indispensable part of the sound administrative system.”
- Query 4: Transparency and Accountability Measures. This focused on the administrative process itself. It asked about the steps taken by MGKVP. These steps ensure the selection or non-selection process was fair, transparent, and accountable.
- Query 5: Total Number of Daily-Wage Staff. A contextual query is necessary. It gauges the scale of the issue. It also assesses the size of the population potentially affected by the regularization rules.
📢 The PIO’s Response: Availability vs. Accessibility
The response from Dr. Sunita Pandey, the PIO/Registrar, summarily disposed of the request. She used a two-pronged argument. Both arguments are common grounds for refusal under the RTI Act, 2005, but they require closer scrutiny.
Argument 1: Proactive Disclosure
The PIO stated that all the requested information is available on the university’s website ($www.mgkvp.ac.in$). The act invokes Section 4(2) of the RTI Act. It mandates public authorities to proactively disclose information. This reduces the need for citizens to file RTIs.
Analysis: While commendable if true, the onus is on the PIO. They must specify where on the potentially vast university website the exact lists are located. They must also specify the reasons and communications. A generic redirection without a specific link or path is burdensome for the applicant. It forces them to undertake a search, which may defeat the purpose of the RTI. Further, if no staff were regularized, the “list of regularized personnel” on the website would be a null set. This makes the PIO’s claim questionable regarding the reasons for non-regularization (Query 3).
Argument 2: Limits of Obligation
The PIO also referenced provisions. They imply they are not obligated to answer “why” questions. They are not required to provide information if compiling it would cause a disproportionate diversion of resources. This is according to the “Uttar Pradesh RTI” Rules-2015 citation.
Analysis:
- The “Why” Question: RTIs are generally for accessing records (“What, When, Where”). However, the courts have held that requesting the reason for an administrative decision is valid. This information should be recorded in files. The non-regularization of staff is a major administrative decision. This is contrary to a government order. The reason for it (Query 3) should certainly be on file. It should also be disclosable.
- Disproportionate Resources: Collecting basic data like the total number of staff (Query 5) is a standard administrative task. Providing minutes/notes on communications with the government (Query 2) is also a standard task. The plea of “disproportionate resources” should not be a blanket excuse. Information should already be organized and documented as part of good governance.
💡 The Imperative for Transparency and Accountability
The core of this matter is the public interest. It is deeply rooted in the issues of unemployment and the effective implementation of welfare policies. The university’s denial of regularization, followed by an evasive RTI response, raises significant concerns about administrative accountability.
If MGKVP genuinely regularized no one, the public—and the affected workers—have a legitimate right to know the official, documented reason. Was it due to a lack of eligible candidates? A legal challenge? Administrative oversight? The lack of a transparent reason erodes public trust and gives rise to suspicion of arbitrary action.
The RTI Act, 2005, is a tool ensuring public authorities act justly. It also ensures they act in a comprehensible manner. In this case, the disposition of the RTI by claiming the information is on the website. The claim that the PIO is not obligated to answer “why,” fails to satisfy the spirit of the Act. This is especially true when the subject matter is the livelihood of dozens, if not hundreds, of workers.
The next step for the information seeker is to file a First Appeal with the designated Appellate Authority within MGKVP. This action is necessary. They should challenge the PIO’s response. It is essential to demand specific, point-wise information as per the original application. This ongoing struggle for information underscores the daily administrative battles. These battles are required to enforce government regulations. They also ensure the principle of ‘right to reason’ prevails in public life.
To help you navigate the academic landscape of Uttar Pradesh, here are the official web links. You will also find the contact details for Mahatma Gandhi Kashi Vidyapith (MGKVP). You will also find the information for the Government of Uttar Pradesh.
1. Mahatma Gandhi Kashi Vidyapith (MGKVP), Varanasi
MGKVP is a prominent state university in Uttar Pradesh. Depending on whether you are looking for general info, admissions, or results, you may need a specific portal.
- Official University Website: https://mgkvp.ac.in/
- Admission Portal (Samarth): https://mgkvpadmission.samarth.edu.in/
- Results Portal: https://www.mgkvpresult.online/
- Entrance Exam Portal: https://entrance.mgkvpvonline.org/
Contact Information:
- Address: Station Road, Maldahiya Crossing, Varanasi, Uttar Pradesh – 221002.
- Student Helpline Email: mgkvpstudenthelpline@gmail.com
- General Inquiry: info@mgkvp.ac.in
- Phone: 0542-2222689
2. Government of Uttar Pradesh
The state government provides several portals for citizen services, grievances, and official announcements.
- Official State Portal: https://up.gov.in/
- Chief Minister’s Office (CMO): https://upcmo.up.nic.in/
- Jansunwai (Grievance Redressal): https://jansunwai.up.nic.in/
- Digital Services Portal (e-District): https://edistrict.up.gov.in/
- NIC Uttar Pradesh: https://up.nic.in/
Key Government Departments:
Higher Education | https://uphed.gov.in/ |
UP Police | https://uppolice.gov.in/ |
Revenue (Bhulekh) | https://upbhulekh.gov.in/ |
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