Central Information Commission, New Delhi
File No.CIC/WB/A/2009/000935SM
Right to Information Act2005Under Section (19)
Date of hearing : 12 January 2011
Date of decision : 12 January 2011
Name of the Appellant : Shri Udaya Kumara
Deputy Legislative Counsel,
Ministry of Law & Justice,
Legislative Department, Room No.431,
A Wing, Shastri Bhawan, New Delhi.
Name of the Public Authority : CPIO, Union Public Service Commission,
(Sangh Lok Seva Ayog),
Dholpur House, Shahjahan Road,
New Delhi - 110 069.
The Appellant was present in person.
On behalf of the Respondent, Shri N.K. Sharma, Deputy Secretary was
present.
Chief Information Commissioner : Shri Satyananda Mishra
Decision Notice
Appeal allowed
Elements of the decision:
CPIO is directed to provide information.
2. Both the parties were present during the hearing and made their
CIC/WB/A/2009/000935SM
submissions.
3. The Appellant had sought a number of details about those candidates
who had been invited for interview for the post of Deputy Government Counsell.
The CPIO had denied the information by claiming that it was held in a fiduciary
capacity and that it was also personal information. He had cited the provisions
of Section 8(1) (e) and (j) of the Right to Information (RTI) Act in support of his
decision. Even, the Appellate Authority had endorsed that view.
4. After carefully considering the facts of the case and the submissions
made by both the parties, we think that the Appellant is entitled to the
information since these details formed the very basis on which the UPSC had
decided to invite those candidates for interview in exclusion of some others who
did not possess such attributes. We have consistently held that in any selection
process, the eligibility conditions based on which the authorities make any
selection must be available in the public domain and cannot be denied by
claiming it to be in the nature of personal information or held in a fiduciary
capacity.
5. In the light of the above, we now direct the CPIO to disclose within 10
working days from the receipt of this order the desired details about the
candidates invited for interview for this particular post. Preferably, the
CIC/WB/A/2009/000935SM
information should be provided in the form of a tabular statement.
6. The appeal is disposed of accordingly.
7. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
Chief Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges prescribed under the Act to the CPIO of this
Commission.
(Vijay Bhalla)
Deputy Registrar
CIC/WB/A/2009/000935SM