CENTRAL INFORMATION COMMISSION
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Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/001162/8167
Appeal No. CIC/SG/A/2010/001162
Relevant Facts
emerging from the Appeal
Appellant : Mr. H.D. Gupta
B-44, Navkunj Apartment,
Plot No.87, I.P. Extension,
Patparganj,
Delhi-110092.
Respondent :
Public Information Officer
Gov. of NCT of Delhi
Delhi Subordinate Services
Selection Board, FC-18, Institutional Area,
Karkardooma,
Delhi-110302.
RTI application filed on : 25/01/2010
PIO replied : 12/02/2010
First appeal filed on : 17/02/2010
First Appellate Authority order : 10/03/2010
Second Appeal received on : 04/05/2010
Date of Notice of Hearing : 13/05/2010
Hearing Held on : 17/06/2010
Information Sought: Reply of the PIO
i) No. of vacancies advertised in the Adv. 6 vacancies (UR-4 and OBC-2) were advertised
No.02/2008 for the post of Assistant Engineer for the post of Assistant Engineer (Elect.) in
(Elect.) in MCD, with category wise details. MCD.
ii) No. of selected candidates for the said post with3 candidates in the UR category and 1
category wise details. candidate in the OBC category were selected.
iii) Reasons for any differences between the 1 vacancy in the UR category and 1 vacancy in
number of vacancies advertised and the number of the OBC category have been kept open due to
candidates selected. non-submission of the relevant documents by
the candidate. Action is being taken in this
regard.
iv) Copies of the final result for the said post and Copy of the final result was provided. The
the merit lists for Part-I and Part-II of the exam. Appellant was asked to visit the office to see the
Minimum qualifying marks for Part I and Part II of merit lists.
the exam.
v) Details of the newspapers in which the result Result was not published in any newspaper.
was published with the copies of the printed
results.
vi) Copies of the receipts of the registered posts/ No reply.
speed posts etc through which the candidates and
the MCD officials were informed about the result.
vii) Copies of the evaluated mark sheets of the top The said information cannot be provided as per
20 candidates in the final merit list for part-I and Section 8 (j) of the RTI Act, 2005.
part-II of the exam.
Grounds for the First Appeal:
Unsatisfactory and incomplete information provided by the PIO.
Order of the First Appellate Authority (FAA):
The FAA directed the PIO to give the information regarding minimum qualifying marks for the
UR Category and the Reserved Category in Part-I and Part -II exams in writing within 7 days
from the date of its order.
Grounds for the Second Appeal:
Unfair disposal of the appeal by the FAA.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. H.D. Gupta;
Respondent: Absent;
The PIO has refused to give copies of the answer scripts of the top 20 students in the merit list
claiming exemption under Section 8(1)(j) of the RTI Act. Section 8(1) (j) exempts, “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:”. An answer script of an exam conducted for a job selection
cannot be considered as personal information. Besides the answer scripts were given in course of
a public activity which is appearing for a job for a public position. Besides it is impossible to
imagine that disclosing an answer sheet can be considers an invasion on the privacy of an
individual. Privacy deals with matters to do with the home the body and so on and answer sheet
cannot be considered as the privacy domain of an individual. Hence the PIO’s ground for
rejection is not upheld by the Commission.
Decision:
The Appeal is allowed.
The PIO is directed to give the copies of 20 top student’s answer sheets free
of cost to the appellant before 10 July 2010.
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
17 June 2010
(In any correspondence on this decision, mention the complete decision number.)(AG)