Central Information Commission
Sanjay Marale vs University Of Delhi on 8 September, 2022
CIC/UODEL/A/2021/126033
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/UODEL/A/2021/126033
In the matter of:
Sanjay Marale ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
University of Delhi,
New Administrative Block,
Delhi-110007
Relevant dates emerging from the appeal:
RTI Application filed on : 18.12.2020
CPIO replied on : 02.02.2021
First Appeal filed on : 08.04.2021
First Appellate Authority order : 04.06.2021
Second Appeal received on : 05.07.2021
Date of Hearing : 07.09.2022
The following were present:
Appellant: Shri. Sanjay Marale, participated in the hearing in person
Respondent: Shri. Sanjay Kumar, CPIO & Assistant Registrar (Legal-2),
Shri. Shankar Kumar Paul, Section Officer (Information) & Shri. Balraj
Singh, Section Officer (Establishment-V) from University of Delhi,
participated in the hearing in person
Page 1 of 7
CIC/UODEL/A/2021/126033
ORDER
Information sought:
The Appellant filed an online RTI Application dated 18.12.2020 seeking information as under:
"Kindly provide the information related to the Assistant professors:
1. Dr. Atinderpal Singh
2. Dr Kalyan Yakala
3. Dr. Bharat Gandu
4. Dr Shailender Kumar Verma
5. Dr Alok Kumar &
6. Dr Sanjay Kumar Dey The following information please be provided as per RTI Act, 2005: Subject in which candidate received post Graduate Degree Subject in which candidate received NET Certificate Subject in which candidate received Ph.D Degree"
Shri Anand Kumar Soni, Central Public Information Officer, University of Delhi, Delhi vide letter dated 02.02.2021, informed to the Appellant as under;
Page 2 of 7CIC/UODEL/A/2021/126033 A letter given by Head of the Department, University of Delhi, Department of Environmental Studies, Delhi dated 06.01.2021 wherein informed as under:
A note given by the Concerned Officer, University of Delhi, Delhi dated 12.01.2021 wherein informed as under:
Being dissatisfied, the Appellant filed a First Appeal dated 08.04.2021. The First Appellate Authority vide order dated 04.06.2021, informed as under:Page 3 of 7
CIC/UODEL/A/2021/126033 Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. Appellant requested the Commission to direct the CPIO to provide complete information sought for.
Submissions made by Appellant and Respondent during Hearing:
The Appellant stated that the Respondent has arbitrarily denied the information under section 8(1)(j) of the RTI Act. Upon being queried by the Commission as to why such third party information is required, to which the Appellant stated that he himself was the candidate for the interview of Assistant Professor for the discipline of Environmental Studies and there has been laxity in selection of candidates as the selected candidates' eligibility does not match with eligibility criteria for the concerned position.
The Respondent submitted that though the information has been denied, the same is already available on the public domain since the averred candidate are permanent faculty members.
The Commission remarked that the information sought does not fall under the category of exempted information, so the information regarding the SUBJECT of PG Degree, NET Certificate & PhD Degree of the said candidates ought to be intimated to the Appellant, however, the sharing of certificates for the same will attract section 8(1)(j) therefore the certificates of the candidates are not to be shared with the Appellant. The Respondent as well as the Appellant concurred with the above remarks of the Commission.
A written submission has been received by the Commission from Shri. Sanjay Kumar, Central Public Information Officer vide letter dated Page 4 of 7 CIC/UODEL/A/2021/126033 01.09.2022, and the same has been marked to the Appellant wherein the Commission has been apprised as under:
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the Respondent has Page 5 of 7 CIC/UODEL/A/2021/126033 wrongly denied the information sought vide instant RTI Application. The Commission is of the considered opinion that the SUBJECT of degrees/ certificates of Assistant professors selected by the University of Delhi is not an exempted information as the Appellant himself was a candidate for averred selection process and as such he has every right to know whether the selected candidates possess the desired qualification as per advertisement. In the light of the submissions made during hearing, the Commission deems it fit to direct the Respondent to revisit the instant RTI Application and furnish a revised categorical reply furnishing the averred information to the Appellant within a time frame of 15 days from the date of receipt of this order.
With the above observations, the instant Second Appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 07.09.2022 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 6 of 7 CIC/UODEL/A/2021/126033 Addresses of the parties:
1. The First Appellate Authority (FAA) University of Delhi, New Administrative Block, Delhi-110007
2. The Central Public Information Officer University of Delhi, New Administrative Block, Delhi-110007
3. Dr. Sanjay Marale Page 7 of 7