Reason for non selection of appellant to the post of constable in CRPF was sought - CIC: Information does not relate to operation matters of CRPF; Disclosure would reassure the candidates that selection is based only on merits - CIC: Provide the reasons

ORDER

1. Shri Rameshwar Dayal filed an application dated 26.03.2013 under the Right to Information Act, 2005 before the Central Public Information Officer (CPIO), O/o the Deputy Inspector General of Police. Central Reserve Police Force (CRPF), seeking information on three points relating to the examination held on 04.10.2010 and medical examination held on 28.04.2011 for the post of Constable (Ct.)GD, including

(i) final result of the examination,

(ii) whether his selection is in the main list or in the waiting list and

(iii) why he has not received the call letter as yet.

2. The appellant filed the second appeal dated 10.07.2014 before the Commission on the ground that he is not satisfied with the information provided to him.

Hearing:

3. The appellant Shri Rameshwar Dayal and the respondent Shri Jagdish Kumar, Assistant Commandant, CRPF attended the hearing through video conferencing.

4. The appellant submitted that he wants to know the reasons for his non selection to the post of constable (GD) in the Constable (GD) Examination, 2010 but the same was denied by the respondent on the ground that as per as per Section 24(1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: of the RTI Act, CRPF is exempted from the purview of the RTI Act, except when the information pertains to allegations of corruption and human rights violations.

5. The respondent submitted that CRPF has been declared an exempt organization under Section 24(1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: read with Second Schedule of the RTI Act, 2005. Further, information sought by the appellant does not pertain to allegations of corruption and human rights violations. The provisions of the RTI Act are, therefore, not applicable in this matter. The respondent further submitted that the marks obtained by the appellant were less than the cut off marks for selection to the post of CTGD. Hence, he was not selected.

Decision:

6. The Commission agrees with the stand of CRPF that the provisions of the RTI Act are not applicable to the CRPF except when the information pertains to allegations of corruption and human rights violations. The Commission, however, observes that the information sought does not relate to technical/ technological/ operation matters of CRPF. Further, providing the information would reassure the candidates that selection in CRPF is based only on merits and not on any other considerations. The Commission, therefore, directs the CPIO to inform the appellant the reasons for his non selection to the post of constable (GD) in the Constable (GD) Examination, 2010 within a period of four weeks from the date of receipt of a copy of this order.

7. The appeal is disposed of. Copy of decision be given free of cost to the parties.

(Sudhir Bhargava)

Information Commissioner

Citation: Shri Rameshwar Dayal v. Central Reserve Police Force in Decision No. CIC/VS/A/2014/003677/SB