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Decision No. CIC/SG/A/2010/002582/9956
Appeal No. CIC/SG/A/2010/002582
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Deepak Agnihotri,
22 Prem Nagar Market,
Tyag Raj Nagar,
New Delhi-110003
Respondent : Mr. U. K. Agarwal
Link PIO & Additional Dy. Registrar,
Guru Gobind Singh Indraprastha University,
Examination Branch, Kashmere Gate,
Delhi-110006
RTI application filed on : 28/06/2010
PIO replied : 19/07/2010
First appeal filed on : 26/07/2010
First Appellate Authority order : no order passed
Second Appeal received on : 14/09/2010
Information sought:
The appellant had appeared in the LL.M. Entrance Test 2010 conducted by the Guru Gobind Singh
University and now in his RTI Application he has sought the copies of the said entrance test and its
answer keys.
Reply of the PIO:
The PIO transferred the RTI Application to the Controller of Examination of the said University and
sent the letter of transfer in his reply to the appellant. Information has been refused stating that it is
confidential.
Grounds for first appeal:
Non-receipt of information from the PIO within the time mandated in the RTI Act.
The First Appellate Authority ordered:
No order was passed.
Grounds for second appeal:
Absence of any response from the PIO and the FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Deepak Agnihotri ;
Respondent: Mr. U. K. Agarwal, Link PIO & Additional Dy. Registrar;
The PIO has refused to give certain information claiming that it is confidential information.
The Right to Information is the fundamental right of the citizens and Section-3 of the RTI Act
succinctly states, “Subject to the provisions of this Act, all citizens shall have the right to
information.” The PIO can deny information only if he can justify it under Section 8(1) of the RTI Act
and explain how the exemption applies. The PIO has quoted no exemption of Section 8(1) of the RTI
Act nor explained how any of the sub-sections of Section 8(1) apply.
Decision:
The appeal is allowed.
The PIO is directed to supply the information to the appellant before
10 November 2010.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
29 October 2010
(In any correspondence on this decision, mentioned the complete decision number.)(SS)