Central Information Commission
Kamlesh Kumar Yadav vs Indian Institute Of Technology, Kanpur on 3 October, 2023
Author: Heeralal Samariya
Bench: Heeralal Samariya
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग ,मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
नितीय अपील संख्या/Second Appeal No.: CIC/IITKP/A/2022/657680
Kamlesh Kumar Yadav .....अपीलकताग /Appellant
VERSUS/बनाम
Public Information Officer Under RTI,
Deputy Registrar & CPIO-2, Indian Institute of
Technology-Kanpur (Ministry of Education),
Kalyanpur, Kanpur-208016 (Uttar Pradesh).
...प्रनतवािीगण/Respondents
Relevant facts emerging from appeal:
RTI application filed on : 04.08.2022
CPIO replied on : 06.09.2022
First appeal filed on : 11.09.2022
First Appellate Authority order : 28.09.2022
Second Appeal received at CIC : 03.11.2022
Date of Hearing : 27.09.2023
Date of Decision : 03.10.2023
सूचना आयुक्त : श्री हीरालाल सामररया
Information Commissioner: Shri Heeralal Samariya
Information sought:
The Appellant sought following information:
I have applied for the post of Assistant Registrar (ID- ONLINE/Advt. No. 1/2021/28223) in IIT Kanpur. Kindly provide the information of following points Page 1 of 4
1. Provide the copy of recruitment rules, selection procedure/method or manual for post applied.
2. Whether written test/interview will be conducted or not for the post applied.
3. Date of written test/interview.
4. Details of shortlisted candidates for written test/interview along with full details viz. educational qualification, marks%, professional/desirable qualification and experience etc.
5. Principle or criterion/method adopted for shortlisted candidates and detailed reason for their recommendation and also provide the copy of the same.
6. Provide the copy of office note or board of meeting/minutes of meeting or decision of the board members intriguing thereon for the shortlisted/recommended candidates.
7. Provide the complete details of shortlisted/recommended candidates along with their category SC/ST/OBC/GEN etc.
8. Provide the detailed reason for rejection of my application.
• PIO furnished reply, vide letter dated 06.09.2022, as under:
Point No 1: Recruitment rules is available at - https://web.litk.ac.in/iuly14iitkn/data/adminofficeorders/O O-84-28-05 21.pdf Point No 2 & 3: Date of written test followed by presentation & interview were August 16,77, & 18, 2022, respectively.
Point No 4 & 7: List (detail) of other candidates cannot be disclosed to a third person. Hence, the same cannot be disclosed under section 8(1)(j) of the RTI Act, 2005.
Point No 5: Information sought under this point is attached as Annexure 1.
Point No 6: The minutes of the Selection Committee, which is a confidential part of the selection process, is approved by the Board of Governors.
Point No 8: Application Reference No Online/Advt. No 0112021 28223 is not shortlisted by the screening committee due to " Inadequate/irrelevant experience/Less experience/Less Salary/Incomplete application regarding qualification and/ or experience/ salary not specified/documents of qualification and detailed experience".Page 2 of 4
• Dissatisfied with the response received from PIO, Appellant filed First Appeal, vide letter dated 11.09.2022.
• The FAA vide order dated 28.09.2022 held as under:
From the perusal of records, information provided by the concerned department and after considering the same on merits, the undersigned is of the opinion that the information as provided by the CPIO was in order and the undersigned also reiterate the stand taken by the CPIO in its reply dated 06.09.2022. The names of the candidates, their qualification and experience are personal information of an individual's; the disclosure of same has no relationship to any larger public interest. Hence, the same cannot be disclosed under section 8(1)(j) of the RTI Act-2005. Moreover, the CPIO under the RTI Act, is not required to generate the answers of individual questions or reasons/justifications for any decision or fulfill the desire of applicant except providing the information as per RTI Act provisions only. 5. In the light of the above facts and observation, personal hearing and is disposed off accordingly.
• Written submission has been received from the CPIO vide letter dated 25.09.2023 and same is taken on record for perusal.
Grounds for Second Appeal:
The PIO has not provided correct information to the Appellant.
Relevant Facts emerging during Hearing:
The following were present: -
Appellant: Present Respondent: Mr Prakalp Sharma, AR(Legal)/CPIO The Appellant stated that the relevant information has not been furnished to him till date. He stated that the details of shortlisted candidates for written test/interview have not been furnished to him.
The Respondent stated that the relevant information has been duly furnished to the Appellant. He stated that information relating to the Appellant has been duly furnished to him. As regards the personal information of third party same is exempted from disclosure under Section 8 (1)(j) of the RTI Act Page 3 of 4 Decision:
Commission, after perusal of case records and submissions made during hearing, observes that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent. Thus, the Commission is of the considered opinion that no further intervention of the Commission is warranted in this case.
However, Commission is of the opinion that need for transparency is more in the case of appointment/recruitment process. The Respondent is advised to put the relevant information of all the stages of recruitment process viz, names of the candidates shortlisted for written test/interview and names of finally selected candidates, in public domain on their official website in accordance with Section 4 of the RTI Act so that the public have minimum resort to the use of the RTI Act to obtain the information. No further action The appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Information Commissioner (सूचना आयुक्त) Authenticated true copy.
(अनिप्रमानणतसत्यानपतप्रनत) Ram Parkash Grover (रामप्रकाशग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 4 of 4