Appellant: MIS Marksheet had been provided earlier in a previous RTI & could not be denied now citing Sec 8(1)(j) - CIC: Director of the Institute is advised to introspect the unhealthy academic atmosphere in the Institute and initiate remedial measures
25 Sep, 2018O R D E R
FACTS:
The Appellant vide his RTI application sought information on 08 points regarding the certified copy of orders of appointment of question paper setters / examiners for Assessment of Exam scripts/ exam coordinators, notice showing date, time & venue for exam, attendance sheet of examinees etc. The CPIO, vide letter dated 05.12.2017 enclosed the information as desired by the Appellant. Dissatisfied with the response of the CPIO, the Appellant approached the FAA. The Dean (Academic) replied on 15.01.2018.
HEARING:
Facts emerging during the hearing:
The following were present: Appellant: Mr. Dipakkumar Babubhai Gohil through VC; Respondent: Prof. A. J. Shah, Dr. J. Banerjee, Dean (Academic) and Mr. Amit Patel, DR (Academic) through VC;
The Appellant reiterated the contents of his RTI application and stated that no satisfactory information was provided to him. It was alleged that the Respondent had not provided the document (MIS Marksheet) citing Third Party and claimed exemption under Section 8(1) (j) of the RTI Act, 2005. Furthermore, it was argued that MIS Marksheet had been provided earlier in a previous RTI dated 19.09.2016 and therefore, it could not have been denied this time. Moreover, MIS Marksheet details were displayed on the notice board. Responding to the queries, the Respondent clarified that the information sought had been shared with the Appellant and on point 08, being Third Party and personal information of the Students, exemption was claimed under Section 8(1) (j) of the RTI Act, 2005.
The Commission referred to the definition of information u/s Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act, 2005 which is reproduced below:
“information” means any material in any form, including records, documents, memos, emails, opinions, advices, press releases, circulars, orders, logbooks, contracts, report, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.”
Furthermore, a reference can also be made to the relevant extract of Section 2 (j) of the RTI Act, 2005 which reads as under:
“(j) right to information” means the right to information accessible under this Act which is held by or under the control of any public authority and includes ........”
In this context a reference was made to the Hon’ble Supreme Court decision in 2011 (8) SCC 497 (CBSE Vs. Aditya Bandopadhyay), wherein it was held as under:
35..... “It is also not required to provide ‘advice’ or ‘opinion’ to an applicant, nor required to obtain and furnish any ‘opinion’ or ‘advice’ to an applicant. The reference to ‘opinion’ or ‘advice’ in the definition of ‘information’ in section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the Act, only refers to such material available in the records of the public authority. Many public authorities have, as a public relation exercise, provide advice, guidance and opinion to the citizens. But that is purely voluntary and should not be confused with any obligation under the RTI Act.”
Furthermore, the Hon’ble Supreme Court of India in Khanapuram Gandaiah Vs. Administrative Officer and Ors. Special Leave Petition (Civil) No.34868 OF 2009 (Decided on January 4, 2010) had held as under:
6. “....Under the RTI Act “information” is defined under Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; which provides: “information” means any material in any form, including records, documents, memos, emails, opinions, advices, press releases, circulars, orders, logbooks, contracts, report, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.”
This definition shows that an applicant under Section 6 of the RTI Act can get any information which is already in existence and accessible to the public authority under law. Of course, under the RTI Act an applicant is entitled to get copy of the opinions, advices, circulars, orders, etc., but he cannot ask for any information as to why such opinions, advices, circulars, orders, etc. have been passed.”
7. “....the Public Information Officer is not supposed to have any material which is not before him; or any information he could have obtained under law. Under Section 6 of the RTI Act, an applicant is entitled to get only such information which can be accessed by the “public authority” under any other law for the time being in force. The answers sought by the petitioner in the application could not have been with the public authority nor could he have had access to this information and Respondent No. 4 was not obliged to give any reasons as to why he had taken such a decision in the matter which was before him.”
The Hon’ble High Court of Andhra Pradesh in the matter of Kunche Durga Prasad and Anr. vs. Public Information Officer, Oil and Natural Gas Corporation Ltd. and Ors. W.P. No. 443 of 2010 dated 20.01.2010 had held as under:
10. The 2nd petitioner is not able to state as to how the copies of qualification certificates of the selected candidates have any characteristics of public activity or partake public interest. The aggrieved parties including the 1st petitioner have already approached this Court by filing W.P. No. 17355 of 2008. Such of the selected candidates who are impleaded in that writ petition would certainly have to defend themselves. Any direction to the respondents herein to furnish the testimonials of the selected candidates to the petitioners would have its own impact upon the pleadings or the stands which the parties to the pending proceedings may take. It may appear to be enterprising or tempting for any one to have access to every possible information for an individual whether it relates to an individual or not. The freedom of an individual to have access to the information cannot be projected to such an extent as to invade the rights of others. Further, Section 6(2) of the Act cannot be read in isolation, nor can be interpreted to mean that an applicant can seek, every information relating to any one. Just as he cannot be compelled to divulge the purpose for which he needs the information, he must respects the right of the other man to keep the facts relating to him, close to his chest, unless compelled by law to disclose the same. It is relevant to mention that even where an individual is placed under obligation to speak, the law can only draw adverse inference from his failure or refused to speak but cannot go further to invade his privacy or private life.
DECISION:
Keeping in view the facts of the case and the submissions made by both the parties, no further intervention of the Commission is required in the matter. However, the Director of the Institute is advised to introspect the unhealthy academic atmosphere in the Institute and initiate suitable remedial measures for the same.
The Appeal stands disposed accordingly.
Bimal Julka
Information Commissioner
Citation: Mr. Dipakkumar Babubhai Gohil v. Sardar Vallabhbhai National Institute of Technology in Second Appeal No.:- CIC/SNITS/A/2018/616310-BJ, Date of Decision: 31.08.2018