CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/000486/12126
Appeal No. CIC/SG/A/2011/000486
Relevant Facts
emerging from the Appeal
Appellant : Ms. P. Urmila Devi
H.no. 105/14, Old Pinto Park,
Air Force Station Palam,
(Gali No. 1 to 42) New Delhi 110010.
Respondent : Ms. K. Durga
Deemed PIO & Vice Principal
Andhra Education Society Shrimati Durgabai Deshmukh
Memorial Sr. Secondary School
Government Aided School
1, DDU Marg, ITO,
New Delhi
RTI application filed on : 13/09/2010
PIO replied : 10/11/2010
First appeal filed on : 10/11/2010
First Appellate Authority order : not mentioned
Second Appeal received on : 22/02/2011
Regarding of applications for filling up of different teaching & non teaching staff.
Sl. Information sought for: PIO Reply
1 Total number of days the interviews was conducted.. Total number of days interviews was conducted
: 10 Days
2 Indicate the dates. Interview Dates:
15/05/08, 17/05/08, 19/05/08, 21/05/08,
23/05/08, 24/05/08, 26/05/08, 29/05/08,
20/06/08, 15/07/08.
3 The date wise interviews were conducted indicating List of the candidates who are appointed is
the name of the candidates, Sex, Age, Caste & enclosed. The Staff were appointed as per the
Category those who were selected. rules & regulations laid down by Directorate of
Education Govt. of NCT of Delhi. Regarding
caste it is relevant for appointment in any post.
Only category matters.
4 Please furnish the certified copies of the OBC OBC certificates of the selected candidates
Certificates produced by the OBC Candidates who enclosed.
were selected and working in A.E.S. Smt. Durgabai
Deshmukh Memorial Senior Secondary School,
No.1, D.D.U. Marg, New Delhi-02.
5. Please furnish the attested copy of Bye Laws & May contact A.E.S office during working days.
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Memorandum of Association of Andhra Education
Society under which your school is functioning.
6 Whether the section IV of RTI Act -2005 is Records available not computerized.
implemented in your school. If so, the details thereof
maybe furnished.
Grounds of the First Appeal:
Provided information is incomplete and unsatisfactory.
Order of the FAA:
“FAA order not mentioned”.
Ground of the Second Appeal:
The appellant is not satisfied.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Ms. P. Urmila Devi;
Respondent: Ms. K. Durga, Deemed PIO & Vice Principal;
The OBC certificates of selected candidates have not been provided to the Appellant. This is based
on the PIO’s contention that the OBC certificates are exempted under Section-8(1)(j) of the RTI Act.
Under Section 8 (1) (j) information which has been exempted is defined as:
“information which relates to personal information the disclosure of which has no relationship to any
public activity or interest, or which would cause unwarranted invasion of the privacy of the individual
unless the Central Public Information Officer or the State Public Information Officer or the appellate
authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such
information:”
To qualify for this exemption the information must satisfy the following criteria:
1. It must be personal information.
Words in a law should normally be given the meanings given in common language. In common language
we would ascribe the adjective ‘personal’ to an attribute which applies to an individual and not to an
Institution or a Corporate. From this it flows that ‘personal’ cannot be related to Institutions, organisations
or corporates. Hence Section 8 (1) (j) cannot be applied when the information concerns institutions,
organisations or corporates.
The phrase ‘disclosure of which has no relationship to any public activity or interest’ means that the
information must have been given in the course of a Public activity.
Various Public authorities in performing their functions routinely ask for ‘personal’ information from
Citizens, and this is clearly a public activity. When a person applies for a job, or gives information about
himself to a Public authority as an employee, or asks for a permission, licence or authorisation, all these
are public activities. Also when a Citizen provides information in discharge of a statutory obligation this
too is a public activity.
In the instant case selected candidates supplied OBC certificates to the school in the process of applying
for the job which is a public activity. Copies of caste certificates which have been submitted cannot be
considered as information which would constitute an invasion on the privacy of an individual since some
advantage of benefit has been obtained on the basis of this certificate. Thus information provided by
individuals in fulfillment of statutory requirements will not be covered by the exemption under Section 8
(1) (j).
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The Appellant also wants to inspect the relevant records on 13 May 2011 from 11.00AM onwards at the
office of the Vice Principal.
The PIO is directed to facilitate an inspection of the relevant records by the Appellant on 13 May 2011
from 11.00AM onwards at the office of the PIO. In case there are any records or file which the appellant
believes should exist, which are not shown to him, he will give this in writing to the PIO at the time of
inspection and the PIO will either give the files/records or give it in writing that such files/records do not
exist.
Decision:
The Appeal is allowed.
The Commission directs Ms. K. Durga, Deemed PIO & Vice Principal to provide
copies of OBC certificates as sought by the Appellant to her on 13 May 2011.
She is also directed to facilitate an inspection of the relevant records by the Appellant on
13 May 2011 from 11.00AM onwards as directed above. She will give attested
photocopies of records which the Appellant wants free of cost upto 200 pages.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
26 April 2011
(In any correspondence on this decision, mention the complete decision number.)(sg)
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