Applications submitted by the first 8 candidates for a particular post along with copies of educational qualifications - CIC: information regarding other candidates is held in fiduciary capacity & exempt u/s 8(1)(e) unless larger public interest is proved

FACTS

1. Vide RTI dt 2.3.13, appellant had sought applications submitted by the first 8 candidates for the post of Fitter Electronics in 2011 along with copies of educational qualifications.

2. CPIO vide letter dt 3.4.13, observed that as the information related to third party and contained personal information, their views were sought. The third parties have objected to the information being shared and hence the same was denied. However, copy of educational qualifications (certificates) submitted by the candidates was furnished comprising 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. sheets.

3. An appeal was filed on 7.4.13.

4. AA vide order dt 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. .4.13, upheld the decision of the CPIO and disposed of the appeal.

5. Submissions made by the appellant and public authority were heard. CPIO submitted that the only information which has been withheld is copies of the application form submitted by the first eight candidates which had been denied as it contained personal information. It was submitted on behalf of the appellant that in the list provided, there is some discrepancy. PIO submitted that one of the candidates had been shown as general category but on scrutiny, it was found that he belonged to reserve category. This was rectified and the appellant was informed.

DECISION

6. The Hon’ble Supreme Court in the case of UPSC Vs Gourhari Kamila dt Aug 6, 2013 has held that disclosure of information in regard to details of other candidates is held in fiduciary capacity and exempted from disclosure u/s 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; unless larger public interest is proved. In the instant case, no such larger public interest has been brought out. The Commission concurs with the decision of the CPIO/AA in denying copies of the application forms. The appeal is disposed of.

(Rajiv Mathur)

Central Information Commissioner

Citation: Ms. R. Kasturi v. Ministry of Defence in File No.CIC/LS/A/2013/001184/RM