Central Information Commission
Mohd Irsad vs University Of Delhi on 8 September, 2017
Central Information Commission
Room No.307, II Fl oor, B Wing, August Kranti B hawan, Bhikaji Cama Place, New Delhi -110066
website-cic.gov.in
Appeal No. CIC/SA/A/2016/001768/MP
Appellant : Shri Mohd. Irshad, New Delhi
Public Authority : University of Delhi, Delhi
Date of Hearing : July 25, 2017
Date of Decision : August 21, 2017
Present:
Appellant : Not present
Respondent : Ms. Meenakshi Sahay, CPIO & Dy. Reg., Shri O.P.
Tanwar, Asstt. Reg., Shri H.C. Pokhriyal, Exec. Dir. And
Dr. Raman Mittal, Dy. Dir. And Shri Yogesh - at CIC
RTI application : 17.05.2016
CPIO's reply : 13.06.2016
First appeal : 16.06.2016
FAA's Order : 15.07.2016
Second appeal : 20.07.2016
ORDER
1. Shri Mohd. Irshad, the appellant, had sought copy of admission form and enrolment form along with enclosures, copy of enrolment register and ACC register; all marks sheets or degree, copy of degree entry register, copy of register which contains signature of receipt of degree of the enrolment no. CC-5594/74 and convocation list of the year 1979 etc.
2. The CPIO denied the information to the appellant u/s 8(1)(e) & (j) of the RTI Act. Dissatisfied, the appellant approached the FAA. The FAA upheld the CPIO's reply. Aggrieved, the appellant came in appeal before the Commission requesting the Commission to direct the CPIO to provide detailed information to the appellant on his RTI application.
3. The matter was heard by the Commission. The appellant was not present during the hearing in spite of the notice of hearing having been sent to him. However, the appellant approached the Commission after the hearing and submitted his written arguments wherein he mentioned that the information sought was relating to the degree of Hon'ble Prime Minister of India Shri Narendra Modi ji. As Shri Narendra Modi was the serving Prime Minister of India and the appellant being a citizen of India was entitled to know the details of educational qualification of the serving Prime Minister and hence the information sought could not be qualified as personal information.
4. The respondent stated that the appellant sought information i.e. copy of admission form and enrolment form along with enclosures, copy of enrolment register and ACC register; all marks sheets or degree, copy of degree etc. of the enrolment no. CC-5594/74, which was personal information of third party and the institute held this information of third party in fiduciary capacity, hence could not disclose the same to the appellant. The information sought was denied to the appellant u/s 8(1)(e) & (j) of the RTI Act on 13.06.2016 and the reply was upheld by the FAA on 15.07.2016. The CPIO added that the Hon'ble High Court of Delhi vide order dated 23.01.2017 in WP(C) No. 600 of 2017 stayed the Commission's order dated 21.12.2016 directing to provide the result of all students appeared in Bachelor of Arts, year 1978 with roll no., name of the students with father name, marks and result pass or failed. The Hon'ble High Court while granting the stay placed reliance on the Apex court judgement CBSE and Anr. Vs.Aditya Bandopadhyay & Ors. (2011) 8 SCC
497. The CPIO stated that in the instant matter the issue was the same as the information sought was the part of information provisioning of which had been stayed by the Hon'ble High Court of Delhi vide order dated 23.01.2017.
5. The Commission observes that as per the respondent's submissions the same issue is pending for adjudication before the Hon'ble High Court of Delhi in WP(C) No. 600 of 2017 and the stay had been granted by the Hon'ble High Court on 23.01.2017, hence no intervention is required on the part of the Commission. The appeal is disposed of.
(Manjula Prasher) Information Commissioner Authenticated true copy:
Dy. Registrar Copy to:
Appellant Shri Mohd. Irshad Advocate, Chamber No. 230 Patiala House Court, New Delhi-110001 The Central Public Information Officer University of Delhi Asstt. registrar (Admn.) School of Open Learning 5, Cavalry Lane, Delhi-110007 The First Appellate Authority University of Delhi School of Open Learning 5, Cavalry Lane, Delhi-110007