Karnataka High Court
G K Kantharaju vs The Public Information Officer on 7 June, 2024
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NC: 2024:KHC:19883
WP No. 1196 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE K.V.ARAVIND
WRIT PETITION No. 1196 OF 2019 (GM-RES)
BETWEEN:
G.K.KANTHARAJU,
S/O YOGANANDA SWAMY,
AGE: ABOUT 35 YEARS,
R/O GUNJEVU, SINGAPURA POST,
HALLI MYSURU POST,
HOLENARASIPURA TALUK,
HASSAN DISTRICT.
...PETITIONER
(BY SRI. SESHADRI D., ADVOCATE)
AND:
1. THE PUBLIC INFORMATION OFFICER
AND PRINCIPAL,
GOVERNMENT FIRST GRADE COLLEGE,
GUNDLUPET-571 111.
Digitally signed CHAMARAJANAGAR DISTRICT.
by VALLI
MARIMUTHU
Location: High 2. THE FIRST APPELLATE AUTHORITY
Court of AND REGIONAL JOINT DIRECTOR
Karnataka DEPARTMENT OF COLLEGIATE EDUCATION,
MYSURU-570 005.
...RESPONDENTS
(BY SRI. V MANJUNATH PRASAD, ADV. FOR R1
R2 - SERVED)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ORDER DATED 07.04.2018 PASSED BY THE RESPONDENT No.1 -
PUBLIC INFORMATION OFFICER AND PRINCIPAL, GOVERNMENT
FIRST GRADE COLLEGE, GUNDLUPET, CHAMARAJANAGAR DISTRICT
VIDE ANNEXURE-B AND ETC.
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NC: 2024:KHC:19883
WP No. 1196 of 2019
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed challenging the order dated 07.04.2018 (Annexure-B) passed by the first respondent and the order dated 09.10.2018 (Annexure-P) passed by the second respondent.
2. Petitioner filed an application before the first respondent seeking information under the Right to Information Act, 2005 ('RTI Act' for short) regarding educational qualification of Shri Mallesh.G, working as an Assistant Professor of Economics, Government First Grade College, Gundlupet. The first respondent, by Endorsement dated 07.04.2018, refused to provide information by stating that the information requested is exempted under Sections 2(1) and 8(1)(j) of the RTI Act. It is further stated that the information requested in the application is personal information of the third party, which is protected under Section 8(1)(j) of the RTI Act.
3. Petitioner being aggrieved against the reply of the Public Information Officer-first respondent filed an appeal before the second respondent. The second respondent disposed of the -3- NC: 2024:KHC:19883 WP No. 1196 of 2019 appeal by directing the first respondent to supply a copy of letter dated 05.06.2018 to the petitioner.
4. Orders impugned in the writ petition are appealable under Section 19 of the RTI Act before the State Public Information Commission. In view of the remedy of statutory appeal is available to the petitioner for redressal of his grievance, the present writ petition is not maintainable.
Accordingly, the writ petition is dismissed.
Sd/-
JUDGE AV List No.: 1 Sl No.: 6