Central Information Commission
Motilal Giri vs Aiims, Bhubaneswar on 14 November, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गं गनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
ि तीय अपील सं ा / Second Appeal No. CIC/AIMSB/A/2024/644334 +
िशकायत सं ा / Complaint No. CIC/AIMSB/C/2024/644340
Motilal Giri ... अपीलकता/Appellant
...िशकायतकता/Complainant
VERSUS
बनाम
CPIO: All India Institute of
Medical Sciences (AIIMS), ... ितवादीगण/Respondent
Bhubaneswar, Odisha
Relevant dates emerging from the appeal/Complaint:
Sl. Second Date of RTI Date of Date of Date of Date of
No. Appeal Application CPIO's First FAA's Second
No./Com Reply Appeal Order Appeal/Co
plaint mplaint
1. 644334 09.07.2024 16.08.2024 11.08.2024 27.09.2024 04.10.2024
2. 644340 06.05.2024 11.06.2024 07.06.2024 Nil. Nil.
Note - The above-mentioned Appeal/complaint have been clubbed together for
decision as these are based on similar RTI Applications.
Date of Hearing: 11.11.2025
Date of Decision: 13.11.2025
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
Page 1 of 7
Second Appeal No. CIC/AIMSB/A/2024/644334
1. The Appellant/Complainant filed an RTI application dated 09.07.2024 seeking information on the following points:
1. Kindly provide the soft copy of options chosen by the candidates with respective questions along with answers of CBT Mode Exam of Motilal Giri (AIIMSB30000045) and Raj Ranjan (AIIMSB30000849) for the post of Programmer (Data Processing Assistant) for fair evaluation. Kindly provide the soft copy of the questions along with answer keys for the post of Programmer (Data Processing Assistant).
2. How many questions have been repeated, whether it is considered for grace or not, kindly provide the information. if not, kindly mention the reason
3. How many questions have multiple options but some options are same, whether it is considered for grace or not, kindly provide the information. If not, kindly mention the reason 1.1. The CPIO replied vide letter dated 16.08.2024 and the same is reproduced as under:-
1. In connection with the requisite information/documents, the question paper, probable answer sheet, along with the answers as chosen by the candidate namely Shri Motilal Giri, bearing Roll No.: AIIMSB30000045, in the Computer Based Test (CBT) examination for the post of Programmer (Data Processing Assistant), are enclosed herewith for your reference.
However, as regards the question paper, probable answer sheet, and the answers chosen by the candidate namely Shri Raj Ranjan, bearing Roll No.:
AIIMSB30000849, in the CBT examination for the post of Programmer (Data Processing Assistant), it is informed that the same is exempted from disclosure under Sections 8(1)(e) & 8(1)(j) of the Right to Information (RTI) Act, 2005.
2. RTI Act-2005 does not cast on the Public Authority to create information that is not a part of the record. He is also not required to interpret information or furnish replies to such Situational Queries or, Interrogative Queries; or to furnish Page 2 of 7 information to the appellant in the form of 'Clarification', 'Reason', 'Advice', 'Opinion', or to force a Public Authority to take a decision in any matter by using the provisions of the RTI Act-2005. However, for more information, please refer to the first para of the reply of Serial No. 01.
3. Please refer to the first para of the reply of Serial No. 01. 1.2. Dissatisfied with the response received from the CPIO, the Appellant/Complainant filed a First Appeal dated 11.08.2024 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 27.09.2024 upheld the reply given by the CPIO.
1.3. Aggrieved with the FAA's order, the Appellant/Complainant approached the Commission with the instant Second Appeal/Complaint dated 04.10.2024. Complaint No. CIC/AIMSB/C/2024/644330
2. The Appellant/Complainant filed an RTI application dated 06.05.2024 seeking information on the following points:
1. Kindly provide the information about not published the answer keys of CBT exam and not given options in the website for objection to the candidates for the post of Programmer (Data Processing Assistant) at AIIMS, Bhubaneswar.
2. Kindly provide the information about not followed to the normative and standardized protocols and guidelines for Evaluation and Analysis process as per order from Department of Personnel and Training ,Ministry of Personnel, Public Grievances and Pensions having File no-39020/14/2023-Estt.(B). for evaluation process and preparation of merit list after conducting CBT Exam for the post of Programmer (Data Processing Assistant) at AIIMS, Bhubaneswar established by the Ministry of Health & Family Welfare, Government of India. I have attached the order for your reference.
3. Kindly provide the information about not properly followed annexure (Page no-
04) point no-05 (a) that is Inviting and addressing the challenges to the question Page 3 of 7 paper and answer keys which is mentioned on the order from Department of Personnel and Training ,Ministry of Personnel, Public Grievances and Pensions having File no-39020/14/2023-Estt.(B) for the post of Programmer (Data Processing Assistant) at AIIMS, Bhubaneswar established by the Ministry of Health & Family Welfare, Government of India in the CBT exam to ensuring the transparent, fair .
4. Kindly provide the information about the Date of joining of Shri Raj Ranjan (application no -AIIMSB30000849) for the post of Programmer (Data Processing Assistant) at AIIMS, Bhubaneswar.
5. Kindly provide the information about the Date of joining of Shri. Abinash Pradhan (application no - AIIMSB30000417) for the post of Programmer (Data Processing Assistant) at AIIMS, Bhubaneswar ..., etc./ other related information 2.1. The CPIO replied vide letter dated 11.06.2024 and the same is reproduced as under:-
1. In connection with the requisite information/ documents, it is informed that the Objection Management link, along with the relevant details, was sent to the candidates via SMS to their registered Mobile Number and Email following the conclusion of the CBT.
2. In connection with the requisite information/ documents, it is informed that the RTI Act-2005 does not cast on the Public Authority to create information that is not a part of the record. He is also not required to interpret information or furnish replies to such Situational Queries or, Interrogative Queries; or to furnish information to the appellant in the form of 'Clarification', 'Reason', 'Advice', 'Opinion', or to force a Public Authority to take a decision in any matter by using the provisions of the RTI Act 2005.
3. Please refer to the reply Serial No. 02.Page 4 of 7
4. In connection with the requisite information/ document, it is informed that the joining date of Shri Raj Ranjan for the post of Programmer (Data Processing Assistant) at AIIMS, Bhubaneswar is 01.06.2024.
5. In connection with the requisite information/ document, it is informed that the joining date of Shri Abinash Pradhan for the post of Programmer (Data Processing Assistant) at AIIMS, Bhubaneswar is 02.02.2024. Etc. 2.2. Dissatisfied with the response received from the CPIO, the Appellant/Complainant filed a First Appeal dated 07.06.2024 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated Nil. upheld the reply given by the CPIO.
2.3. Aggrieved with the FAA's order, the Appellant/Complainant approached the Commission with the instant Second Appeal/Complaint dated Nil.
3. The Appellant/Complainant remained absent during the hearing despite notice and on behalf of the respondent Mr. Dibya Ranjan Pattnaik, CPIO, attended the hearing through video conference.
4. The respondent, while defending their case, reaffirmed their earlier responses dated 16.08.2024 and 11.06.2024, submitted that all relevant available information had been furnished to the Appellant/Complainant. He stated that in file no.
CIC/AIMSB/C/2024/644330, there was a delay in providing the information as sought information had to be collected from the different department. He added that answersheet of the Appellant/Complainant had also been provided.
5. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observes that in both cases, the CPIO has provided available information to the Appellant/Complainant vide letters dated 16.08.2024 and 11.06.2024. As regards, answer sheet of third parties, the attention of the Appellant/Complainant is drawn towards a judgment of the Hon'ble Supreme Court in the matter of Central Public Information Officer, Supreme Court of India Vs. Subhash Chandra Agarwal in Civil Appeal No. 10044 of 2010 with Civil Appeal No. 10045 of Page 5 of 7 2010 and Civil Appeal No. 2683 of 2010 wherein the import of "personal information" envisaged under Section 8(1)(j) of RTI Act has been exemplified in the context of earlier ratios laid down by the same Court in the matter(s) of Canara Bank Vs. C.S. Shyam in Civil Appeal No.22 of 2009; Girish Ramchandra Deshpande vs. Central Information Commissioner & Ors., (2013) 1 SCC 212 and R.K. Jain vs. Union of India & amp; Anr., (2013) 14 SCC 794. The following was thus held:
"59. Reading of the aforesaid judicial precedents, in our opinion, would indicate that personal records, including name, address, physical, mental and psychological status, marks obtained, grades and answer sheets, are all treated as personal information. Similarly, professional records, including qualification, performance, evaluation reports, ACRs, disciplinary proceedings, etc. are all personal information. Medical records, treatment, choice of medicine, list of hospitals and doctors visited, findings recorded, including that of the family members, information relating to assets, liabilities, income tax returns, details of investments, lending and borrowing, etc. are personal information. Such personal information is entitled to protection from unwarranted invasion of privacy and conditional access is available when stipulation of larger public interest is satisfied. This list is indicative and not exhaustive..."
6. In view of the above, the Commission finds no scope of intervention in the matter. Accordingly, the appeal/complaint is dismissed.
Copy of the decision be provided free of cost to the parties.
Sd/-
(Anandi Ramalingam) (आनंदी रामिलंगम) Information Commissioner (सूचना आयु ) िदनांक/Date: 13.11.2025 Page 6 of 7 Authenticated true copy O. P. Pokhriyal (ओ. पी. पोख रयाल) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:
1. The CPIO All India Institute of Medical Sciences (AIIMS), RTI Cell, Room No. 331, 3rd Floor, Academic Building, Sijua, Post - Dumuduma, Bhubaneswar, Odisha - 751019 2 Motilal Giri Page 7 of 7 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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