Central Information Commission
Vaza Himanshu Kumar J vs Life Insurance Corporation Of India on 29 January, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/LICOI/A/2023/141307
Vaza Himanshu Kumar J .....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
LIC of India, RTI Department,
Divisional Office, Jeevan Prakash,
Tagore Marg, Rajkot - 360001 .... ितवादीगण /Respondent
Date of Hearing : 22.01.2025
Date of Decision : 28.01.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 13.07.2023
CPIO replied on : 24.07.2023
First appeal filed on : 31.07.2023
First Appellate Authority's order : 25.08.2023
2nd Appeal/Complaint dated : 11.10.2023
Information sought:
The Appellant filed an RTI application (online) dated 13.07.2023 seeking the following information:
I HIMANSHU KUMAR VAZA applied for the Apprentice Development Officer ADO post from Rajkot division in the 2023 Recruitment.Page 1 of 8
NAME: VAZA HIMANSHU KUMAR JAG MALBHAI Roll No. 2651000250 Registration No: 2230020380 DOB: **-**-1997 "1. What are my obtained marks in the main exam conducted on 23rd April 20237?
2. What were the cutoff marks of the main exam in Rajkot division?
3. What are my obtained marks in the interview conducted on 19th June 2023?
4. What were the cutoff marks of the interview in Rajkot division?
5. Kindly provide the complete list of all the selected candidates in the final merit list in ADO Recruitment 2023 from Rajkot division with their obtained marks (main exam plus interview) mentioned."
The CPIO furnished a reply to the Appellant on 24.07.2023 stating as under:
"Reply Qst. No.1:- We have to inform you that the LIC ADO 2023 recruitment process will be concluded only after the operation of contingency list of the Division, if any. As such, the recruitment process still being underway and hence no information can be provided.
Reply to Qst. No.2:-We have to inform you that the LIC ADO 2023 recruitment process will be concluded only after the operation of contingency list of the Division, if any. As such, the recruitment process still being underway and hence no information can be provided.
Reply to Qst. No.3:- We have to inform you that the LIC ADO 2023 recruitment process will be concluded only after the operation of contingency list of the Division, if any. As such, the recruitment process still being underway and hence no information can be provided.
Reply to Qst. No. 4::- We have to inform you that the LIC ADO 2023 recruitment process will be concluded only after the operation of contingency list of the Division, if any. As such, the recruitment process still being underway and hence no information can be provided.
Reply to Qst. No.5:- We have to inform you that the LIC ADO 2023 recruitment process will be concluded only after the operation of the contingency list of the Division, if any. As such, the recruitment process still being underway and hence no information can be provided."Page 2 of 8
Being dissatisfied, the appellant filed a First Appeal dated 31.07.2023. The FAA vide its order dated 25.08.2023, held as under.
"On going through the RTI Application of Sri Himansukumar Jagmalbhai Vaza dated 13.07.2023, which was received by the CPIO on 13.07.2023, the CPIO's letter dated 24.07.2023 for query raise by you, and the appeal letter dated 31.07.2023 preferred by the Appellant, I pass the Appellate Order as under:
The appellant had sought the information as mentioned in his RTI application. I have carefully gone through the above application in its entirety;
Information sought to answer under various 5 points are questions and queries, I uphold the reply given by CPIO dated 24.07.2023. However, any further query kindly contact our Sales Department at [email protected] and his Phone Number is 0281-2460850. In the light of aspect discussed above, I dispose of this appeal with this order."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent Respondent: Shri Yunush A Sherashiya, Manager (CRM)/CPIO, appeared through video conference.
The respondent while defending their case inter alia submitted that they had filed detailed written submissions dated 15.01.2025 stating complete facts of the case and requested the Commission to place it on record, copy of the same was sent to the appellant. The relevant paras of the written submission are reproduced as under:
"It is pertinent to mention here that Shri Himanshukumar Jagmalbhai Vaza, the Appellant, had also preferred another RTI Application Reg. No. LICWZ/R/E/23/00472 dated 19.12.2023, seeking information on the same 5 queries mentioned above. As the LIC ADO recruitment process 2023 was still not concluded, the then CPIO vide letter dated 04.01.2024 replied as follows:Page 3 of 8
"We have to inform you that the LIC ADO 2023 recruitment process will be concluded only after the operation of contingency list of the Division, if any. As such, the recruitment process still being underway and hence no information can be provided."
Further, Shri Himanshukumar Jagmalbhai Vaza, the Appellant, again preferred another RTI Application Reg. No. LICWZ/R/E/24/00027 dated 11.02.2024, seeking information on the same 5 queries mentioned above. As the LIC ADO 2023 recruitment process was concluded on 19.01.2024, on operation of Contingency List by all the Zones of the respondent organization, the then CPIO vide letter dated 16.02.2024 (copy enclosed herewith) replied as follows:
Query 1: What are my obtained marks in the main exam conducted on April 23, 2023 for the LIC ADO recruitment 2023?
Reply: Your Mains exam marks is 71.
Query 2: What were the Cut-off marks for the main exam for each category (GEN, OBC, SC, ST) in Rajkot Division for the LIC ADO recruitment 2023?
Reply: Cut-off marks of Mains exam for GEN, OBC, SC and ST Category is as under
Category Gen. OBC SC ST Marks 65 60 65 59 Query 3: What are my obtained marks in the LIC ADO interview conducted on June 19, 2023 for the LIC ADO Recruitment, 2023?
Reply: Your Interview Marks is 35.
Query 4: What were the Cut-off marks for the interview for each category (GEN, OBC, SC, ST) in Rajkot Division for the LIC ADO recruitment 2023?
Reply: There is no cut off marks for interview. The merit list is prepared taking into account total marks obtained in Mains exam and in Interview.Page 4 of 8
Query 5: Kindly provide the complete list of all the selected candidates, including those from the contingency list, category-wise (GEN, OBC, SC ST) for LIC ADO recruitment, 2023, for Rajkot Division, with their obtained marks (marks from the main exam and interview) mentioned.
Reply: We have displayed the list of names of selected candidates including contingency list at the time of declaring result of Rajkot Division on the Notice Board displayed at the entrance of the building. (ie Public Domain). As other Information sought by you, falls under personal information, it is exempt under Section 8(1)(e) & 8(1)(j) of RTI Act 2005. It is not possible to provide the marks of all selected candidates.
Our Submission-
From above, it is clear that the information sought by the Appellant was not provided initially as the LIC ADO recruitment process 2023 was not concluded and the desired information was provided to the Appellant, as per RTI provisions, vide the then CPIO's reply letter dated 16.02.2024 as mentioned above. However, the Appellant has not informed CIC that he has received the information as sought by him.
On receipt of CIC Hearing Notice, the current CPIO referred the matter to the Sales dept., Rajkot Division, being deemed PIO, for re-visiting the matter and the deemed PIO has informed as under:
The ground for preferring Second Appeal is non-receipt of information in above mentioned 5 Queries of RTI application Reg. No. LICWZ/R/T/23/00078. However, the information has already been provided to the Appellant on 16.02.2024 (last year) in response to RTI application Reg. No. LICWZ/R/E/24/00027 bearing same 5 Queries. It is e-iterated that the information sought in Query no.5 regarding provision of Marks secured by the selected candidates qualifies as "personal" information of the other candidates and is exempt from disclosure as per Section 8(1)(j) of RTI Act, 2005 and cannot be provided. The Appellant is informed that total 4 candidates from SC category were selected as per merit.
It is pertinent to mention here that the Appellant had appeared for LIC ADO recruitment process 2023 exam from SC category and had secured 71 marks in Main exam (SC category cut off marks - 65) and hence, he Page 5 of 8 was called for Interview. The Appellant had secured 35 marks in Interview and total marks secured by him is (71+35) = 106 marks.
However, as per vacancy and merit list, the last selected candidate in SC category had secured 111 marks (Main exam + Interview) and as such the Appellant was not selected as he had secured 106 marks (Main exam + Interview).
In view of above clarifications and information as sought being already provided on 16.02.2024, the Hon'ble CIC is requested that the Second appeal filed by Shri Himanshukumar Jagmalbhai Vaza, be dismissed summarily."
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, noted that in response of the identical queries raised by the appellant in his different RTI application dated 11.02.2024, point-wise information/reply was provided by the respondent CPIO vide letter dated 16.02.2024. The content of the reply was reproduced in the above paras. The respondent submitted that recruitment process was concluded on 19.01.2024, thereafter, the information was shared with the appellant.
As regards the information sought on point No. 5 of the RTI application, the respondent replied that they had displayed list of the selected candidate including contingency list at the time of result at their Division Notice Board. However, marks obtained by the selected candidates (main exam plus interview) was denied under section 8 (1) (e) & 8(1) (j) of RTI Act 2005.
It may not be out of place to mention that the confidence in the selection process would be boosted by disclosing the names of the selected candidates and the marks obtained by them. Transparency and accountability in a public recruitment process as well as promotional exam would be promoted.
It is noted that disclosure of information sought would promote transparency and accountability and dispel the lingering doubts about wrongdoings in the Page 6 of 8 promotional exams. Such disclosures would strengthen the recruitment process by boosting public as well as employees' confidence in it.
The Hon'ble Bombay High Court in Shri Onkar Dattatray Kalmankar Vs. PIO, Registrar, District and Session Court, Pune and Ors. (WRIT PETITION NO.9648 OF 2021) vide its order dated 11.11.2024 has made the following observations:
"27. In this case, we are concerned with a selection process for the post of Junior Clerk in the District Court at Pune. Essentially, this is a process by which applications were invited from all eligible candidates by issuing a public advertisement. In that sense, this public process must be transparent and above board. The marks obtained by the candidates in such a selection process cannot ordinarily be held to be "personal information, the disclosure of which has no relationship to any public activity or interest". Furnishing such information would also not cause an unwarranted invasion of the individual's privacy.
28. The legislature has not exempted all personal information under Section 8(1)(j) but only such personal information, the disclosure of which has no relationship to any public activity or interest. Since the selection process for Junior Clerks at the District Court in Pune was essentially a public activity which commenced with public advertisement inviting applications from eligible candidates, we do not think that the disclosure of marks obtained by the candidates participating in such a process would amount to personal information, the disclosure of which has no relationship to any public activity or interest. Given that such selection processes must be transparent and above board, it would be in the public interest to disclose such information rather than withhold it and allow any doubts about the process (however unjustified such doubts may be) to linger.
51. Since we have found that the disclosure of the marks obtained by the candidates in the written test, typing test and interviewers did not constitute any exempted information or did not affect the confidentiality of the exam so conducted, we must say that the approach of the District authorities in Wardha contributed to the promotion of transparency which should typically be promoted in matters of public recruitment. Withholding such information unnecessarily allows doubts, however unreasonable, to linger, which is not very healthy in promoting transparency and accountability in the working of public authorities and public recruitment processes. Regarding RTI, it is repeatedly asserted that sunlight is the best disinfectant.Page 7 of 8
52. Therefore, though the Wardha disclosure may not be binding precedents, we still think there was nothing wrong with the District Authorities at Wardha making such disclosures. By making such disclosures, the district authorities at Wardha cannot be said to have breached or acted in ignorance of the provisions in Section 8(1)(j) and Section 11 of the RTI Act or Rule 13(e) of the Maharashtra District Courts Right to Information (Revised Rules) 2009 or instructions no.19 issued to the candidates in the advertisement inviting applications for recruitment to the post of Junior Clerk."
In view of the above observations and in furtherance of hearing proceedings, the Commission directs the respondent to revisit the RTI application and provide the complete category-wise information on point No. 5 of the RTI application to the appellant, within four weeks of the date of receipt of this order.
The FAA to ensure compliance of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, LIC of India, RTI Department, Divisional Office, Jeevan Prakash, Tagore Marg, Rajkot - 360001 Page 8 of 8 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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