Central Information Commission
Abhimanyu Sasi Pavoor vs Life Insurance Corporation Of India on 2 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/2023/652555
CIC/LICOI/A/2023/647269
CIC/LICOI/A/2023/647275
Abhimanyu Sasi Pavoor .....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
REGIONAL MANAGER CRM/PS/CPIO,
LIC of India, Southern Zonal Office,
P B No. 2450, LIC Building, No. 153,
Anna Salai, Chennai - 600002 .... ितवादीगण /Respondent
Date of Hearing : 24.12.2024
Date of Decision : 30.12.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The instant matters are being pursued by the Commission in compliance with
the direction given by the Hon'ble High Court of Kerala in W.P. 6804/2024 in
the case titled "Dr. Abhimanyu Sashi Pavoor vs. CIC & Ors. Dated 23.05.2024,
which resulted in an out of turn basis hearing by overriding the matters
awaiting listing in due course on their turn. The operating portion of the
Hon'ble High Court of Kerala's order is reproduced below:
"ln the facts and circumstances of the case, the wit petition is disposed of
directing the 1st respondent- Central Information Commission to
consider Ext.P9 appeal filed by the petitioner and finally dispose the
Page 1 of 17
same, as expeditiously as possible and at any date, within a period of
three month."
In compliance with the above-mentioned directions, the instant Appeals are
listed for hearing and disposal today.
Relevant facts emerging from appeal:
CIC/LICOI/A/2023/652555
RTI application filed on : 25.09.2023
CPIO replied on : 13.10.2023
First appeal filed on : 18.10.2023
First Appellate Authority's order : 13.11.2023
2nd Appeal/Complaint dated : 22.11.2023
Information sought:
The Appellant filed an RTI application dated 25.09.2023 (online) seeking the following information:
"I have attended Life Insurance Corporation of India Apprentice Development Officer(ADO), 2023 Interview on 16th June 2023 from Kozhikode Division (South Zone). Final selection list has been published on 30th June 2023.
1 I would like to know on which date the training for candidates posted as Apprentice development officer (ADO), 2023 batch in Kozhikode division will start and end? I would also like to know on which date they have been posted as Apprentice development officer (ADO)?
2 I would also like to know the list of candidates posted as Apprentice Development Officer (ADO)?
3 I would like to know the marks obtained for all the shortlisted candidates in mains exam and Interview.
4 I would like to know the final rank list of all candidates who have attended the interview.
5 I would also like to see the supplementary list of candidates for Apprentice Development Officer (ADO), 2023 recruitment in Kozhikode division.Page 2 of 17
Call letter of the Interview is attached as a supporting document. My name: ABHIMANYU SASI PAVOOR Roll no: 2281000927 Date of birth: 16-04-1992 Educational Qualification: Ph.D. Applied division: Kozhikode"
The CPIO furnished a point-wise reply to the Appellant on 13.10.2023 stating as under:
"Query No 1 Reply: The ADO recruitment round 2022-23 training started on 17.07.2023 and ended on 17.08.2023 for Agents Category and on 16.09.2023 for Open Market category. The date of posting as ADO was 17.07.2023.
Query No 2 Reply: The ADO recruitment round 2022-23 will be complete only after the Contingency list is operated, if any, as decided by the Competent Authority and any information related to this round 2022-23 shall be made available under RTI Act, 2005, only after the round is complete.
Query No 3 Reply: The ADO recruitment round 2022-23 will be complete only after the Contingency list is operated, if any, as decided by the Competent Authority and any information related to this round 2022-23 shall be made available under RTI Act, 2005, only after the round is complete. However, the information sought is exempted, as the information relates to others, the disclosure of which has no relationship to any public activity or interest and may cause unwarranted invasion of the privacy of the individual and is exempted from disclosure under section 8(1) (j) of RTI Act 2005.
Query No 4 Reply: The ADO recruitment round 2022-23 will be complete only after the Contingency list is operated, if any, as decided by the Competent Authority and any information related to this round 2022-23 shall be made available under RTI Act, 2005, only after the round is complete. However, the information sought is exempted, as the information relates to others, the disclosure of which has no relationship to any public activity or interest and may cause unwarranted invasion of the privacy of the individual and is exempted from disclosure under section 8(1) (j) of RTI Act 2005.Page 3 of 17
Query No 5 Reply: The Contingency list, if any, may be operated as per the decision of the Competent Authority. Any information related to this ADO recruitment round 2022-23 shall be made available under RTI Act, 2005, only after the round is complete."
Being dissatisfied, the appellant filed a First Appeal dated 18.10.2023. The FAA vide its order dated 13.11.2023, held as under:
"On perusing the online RTI application dated 25.09.2023, the CPIO's reply dated 13.10.2023, First appeal received online dated 18.10.2023 and the response received from the Department concerned, the appellant is informed as under:
"Reply to the queries in appeal can be given only when the total process is over. The process will be completed after the Contingency list is operated, if any, as decided by the Competent Authority and full information related to this round 2022-23 would be available only after the round is complete. The information, wherever applicable, shall however be available subject to a fresh application under RTI Act, 2005.
With the above information, I dispose of the appeal of Abhimanyu Sasi Pavoor dated 18.10.2023."
Relevant facts emerging from appeal:
CIC/LICOI/A/2023/647269 RTI application filed on : 01.07.2023 CPIO replied on : 24.07.2023 First appeal filed on : 30.07.2023 First Appellate Authority's order : 23.08.2023 2nd Appeal/Complaint dated : 04.10.2023 Information sought:
The Appellant filed an RTI application dated 01.07.2023 (online) seeking the following information:
"I have attended Life Insurance Corporation of India Apprentice Development Officer (ADO), 2023 Interview on 16 th June 2023 from Kozhikode Division (South Zone). Final selection list has been published on 30 th June 2023. I would like to know the marks obtained for mains exam and interview of all the shortlisted candidates for interview. I would also like to know the final rank list Page 4 of 17 of all the candidates who have attended the interview. Call letter of the interview is attached as a supporting document.
My name: ABHIMANYU SASI PAVOOR Roll No: 2281000927 Date of birth: 16-04-1992 Applied Division: Kozhikode Division Educational Qualification: Ph.D."
The CPIO furnished a point-wise reply to the Appellant on 24.07.2023 stating as under:
"Query No 1 & 2 Reply: The information sought, wherever applicable, shall be available only after the selection process of this round is over, subject to a fresh application."
Being dissatisfied, the appellant filed a First Appeal dated 30.07.2023. The FAA vide its order dated 23.08.2023, held as under:
"On perusing the online RTI application dated 01.07.2023, the CPIO's reply dated 24.07.2023, the First appeal dated 30.07.2023 and the response from the Department concerned in the matter, the appellant is informed as under:
The ADO Recruitment round 2022-2023 will be completed only after the contingency List is operated, if any, as decided by the Competent Authority and any information related to this round 2022-23 shall be available only after the round is complete. The information, wherever applicable, shall however be available subject to a fresh application under RTI Act, 2005.
With the above information, I dispose of the appeal of Sri. Abhimanyu Sasi Pavoor dated 30.07.2023."
Relevant facts emerging from appeal:
CIC/LICOI/A/2023/647275
RTI application filed on : 01.07.2023
CPIO replied on : 24.07.2023
First appeal filed on : 30.07.2023
First Appellate Authority's order : 23.08.2023
2nd Appeal/Complaint dated : 04.10.2023
Information sought:
Page 5 of 17
The Appellant filed an RTI application dated 01.07.2023 (online) seeking the following information:
"I have attended Life Insurance Corporation of India Apprentice Development Officer, 2023 Interview for Kozhikode Division on 16th June 2023. Final results of this recruitment were published on 30th June 2023. I would like to see the supplementary list of candidates for Life Insurance Corporation of India Apprentice Development Officer, 2023 recruitment in Kozhikode Division.
My name: ABHIMANYU SASI PAVOOR Roll No: 2281000927 Date of birth: 16-04-1992 Educational Qualification: Ph.D. Applied Division: Kozhikode"
The CPIO furnished a reply to the Appellant on 24.07.2023 stating as under:
"Query No 1 Reply: The information sought, wherever applicable, shall be available only after the selection process of this round is over, subject to a fresh application."
Being dissatisfied, the appellant filed a First Appeal dated 30.07.2023. The FAA vide its order dated 23.08.2023, held as under:
"On perusing the online RTI application dated 01.07.2023, the CPIO's reply dated 24.07.2023, the First appeal dated 30.07.2023 and the response from the Department concerned in the matter, the appellant is informed as under:
The ADO Recruitment round 2022-2023 will be completed only after the contingency List is operated, if any, as decided by the Competent Authority and any information related to this round 2022-23 shall be available only after the round is complete. The information, wherever applicable, shall however be available subject to a fresh application under RTI Act, 2005.
With the above information, I dispose of the appeal of Sri. Abhimanyu Sasi Pavoor dated 30.07.2023."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeals.Page 6 of 17
A common written submission dated 15.12.2024 in each case has been filed by the Appellant in each case, which is taken on record. Relevant extracts of which are reproduced below for ready reference:
"1. The appellant herein participated in the recruitment process for the post of Apprentice Development Officer (ADO) with the Life Insurance Corporation of India (LIC). The appellant had successfully cleared the online examination and the subsequent interview. Despite this, the appellant has not been informed of his selection status, and the details of the recruitment process- including the final marks obtained, the rank list, and the names of the selected candidates-have not been disclosed to him, either through personal. communication or through the RTI queries he submitted. The appellant seeks redress for the non-disclosure of this vital information, which directly impacts the transparency of the recruitment process.
2. After exhausting the RTI process and filing a First Appeal, both the Central Public Information Officer (CPIO) and the First Appellate Authority (FAA) denied the information sought by the appellant. These refusals were unsatisfactory and not in line with the provisions of the Right to Information Act, 2005.
Consequently, the appellant approached the Central Information Commission (CIC) through the present Second Appeal.
3. The appellant, in his RTI queries, sought information about the recruitment process for the post of Apprentice Development Officer. The primary purpose was to ascertain details about his performance in the selection process, including his rank and marks. The non-disclosure of such information raises serious concerns regarding the transparency of the recruitment process. As a public entity, LIC is duty-bound to maintain transparency, especially when it concerns recruitment, which significantly impacts public trust. The appellant believes that this lack of transparency undermines public confidence and prevents the public from challenging any discrepancies or irregularities in the process.
4. The responses provided by the CPIO and the FAA are both inadequate and arbitrary. The denial of information on the grounds that such details cannot be disclosed until the completion of the recruitment process is unreasonable and unjust. As per the information received, a rank list has already been compiled, and candidates have been called for training. In light of this, the refusal to disclose the rank list and other related details is illogical and contradicts the very purpose of the RTI Act, which is to ensure transparency in public affairs. The Page 7 of 17 appellant is deprived of the opportunity to challenge any irregularities in the process in a timely manner if such vital information is withheld.
5. The appellant's fundamental rights, as enshrined in the Constitution of India, are under threat due to the denial of the requested information. Article 16 of the Constitution guarantees the right to equal opportunity in public employment, while Article 21 ensures the right to life and personal liberty. The non-disclosure of the marks obtained and the final rank list of the candidates to the appellant violates his right to access information, which is crucial for protecting his interests and ensuring fair treatment in the recruitment process. If the information is not disclosed promptly, the appellant risks being denied the opportunity to challenge any irregularities or unfairness in the recruitment process, thus leading to a denial of justice.
6. In response to the appellant's queries, the CPIO and FAA have cited Section 8(1)(j) of the RTI Act, arguing that disclosing the marks and rank list of other candidates would amount to an unwarranted invasion of privacy. However, this exemption is not applicable in this case. Constitutional Courts of India have consistently held that such information, especially concerning recruitment and examination processes, cannot be withheld on the grounds of privacy under Section 8(1) (j). In Pammi Lal vs. CPIO Punjab National Bank, the Central Information Commission emphasized that disclosing the marks of selected candidates and cut-off marks is in the public interest as it promotes transparency and enhances the credibility of the recruitment process. Also, while considering a Second Appeal in Ravi Kumar Meena v. North Central Railway, this Honourable Commission, directed the respondent to revisit the RTI application and to provide revised reply by furnishing requisite information within a period of two weeks from the date of receipt of the order, taking reliance upon the ratio of the Honourable High Court of Bombay in Shri. Onkar Dattatray Kalmankar V. Public Information Officer and Registrar and Ors., Wherein the Writ Petition was disposed of partly allowing the same. The relevant para of the above judgment is reiterated below for reference, "51. Since we have found that the disclosure of the marks obtained by the candidates in the written test, typing test and interviews did not constitute any exempted information and 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 Page 8 of 17 very healthy in promoting transparency and accountability in the working of public authorities and public recruitment processes. Regarding RTI, it is asserted that sunlight is the best disinfectant." And further directed that
55. Further, We Direct the concerned respondents to furnish the petitioner with the marks so obtained by candidates 1 to 363 in the written/screening test, Marathi and English typing test, interview for the recruitment process for the Junior Clerk at Pune District Court within Six weeks of the Petitioner depositing the necessary costs with the PIO."
Therefore, the CPIO's reliance on Section 8(1) (j) is both legally untenable and contrary to established jurisprudence.
7. The refusal to disclose the marks, rank list, and other recruitment-related details is based on the erroneous argument that the recruitment process is incomplete due to the pending publication of a contingency list. This reasoning is unfounded, as the marks of candidates who have already participated in the interview process are final and can be disclosed without any delay. The appellant does not seek information about the contingency list but merely requests details regarding the final selection process. There is no logical connection between the non-disclosure of marks and the contingency list, making the refusal to disclose this information irrational and contrary to the principles of natural justice.
8. The appellant asserts that the immediate disclosure of the information sought is crucial for safeguarding the fairness of the recruitment process and ensuring accountability. If the information remains undisclosed, the appellant would be unable to challenge any irregularities in the selection process, thus rendering the very purpose of the RTI Act null and void. The withholding of this information raises suspicions regarding the integrity of the recruitment process and casts a shadow on the fairness of the LIC in handling public employment.
9. The appellant believes that the recruitment process was not conducted fairly and that the withholding of information is part of an attempt to obscure any potential irregularities. Without timely access to the requested information, the appellant will be unable to challenge any improper or unjust aspects of the recruitment process, thus hindering his right to access justice.
10. The refusal to disclose information, particularly the marks obtained and the rank list of selected candidates, is arbitrary and illegal. It undermines the principles of transparency and fairness enshrined in the Right to Information Act, Page 9 of 17 2005 and violates the constitutional rights of the appellant. The appellant requests that the Hon'ble Central Information Commission direct the respondent to provide the requested information forthwith, ensuring that the recruitment process is conducted with full transparency and in compliance with the law."
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through video-conference.
Respondent: Smt. T.R. Usha, Regional Manager (CRM/PS)/CPIO along with Sri R. Rajhvendra Suresh, AO (Marketing) present through video-conference.
A separate written submission dated 18.12.2024 in each case has been filed by Smt. T.R. Usha, Regional Manager (CRM/PS/CPIO), LIC Southern Zonal Office, Chennai is taken on record. Contents of the same (case File No. wise) are reproduced below for the sake of clarity:
CIC/LICOI/A/2023/652555.
"We had received the RTI application LICSZ/R/E/23/00164 dated 25.09.2023 from Dr. Abhimanyu Sasi Pavoor, for which the CPIO replied on 13.10.2023. Further the applicant submitted an appeal with reg. no. LICSZ/A/E/23/00029 dated 18.10.2023 and the First Appellate order was passed on 13.11.2023. The reply to the RTI, the response to the appeal and our current submission to CIC for each query is given below.
Query No 1: I would like to know on which date the training for candidates posted as Apprentice development officer(ADO), 2023 batch in Kozhikode division will start and end? I would also like to know on which date they have been posted as Apprentice development officer(ADO)?
Reply to RTI: The ADO recruitment round 2022-23 training started on 17.07.2023 and ended on 17.08.2023 for Agents Category and on 16.09.2023 for Open Market category. The date of posting as ADO was 17.07.2023.
First appeal: The query was not raised in First appeal.
Second appeal: No appeal.
Query No 2: I would also like to know the list of candidates posted as Apprentice Development Officer(ADO)?
Page 10 of 17Reply: The ADO recruitment round 2022-23 will be complete only after the Contingency list is operated, if any, as decided by the Competent Authority and any information related to this round 2022-23 shall be made available under RTI Act, 2005, only after the round is complete.
Decision of FAA: Reply to the queries in appeal can be given only when the total process is over. The process will be completed after the Contingency list is operated, if any, as decided by the INDIA Competent Authority and full information related to this round 2022-23 would be available only after the round is complete. The information, wherever applicable, shall however be available subject to a fresh application under RTI Act,2005.
Submission to CIC: The query is not specific. However in the spirit of RTI it is clarified that the information sought by the appellant could not be furnished as it is not maintained as a record with this public authority. Only such information as is available and is existing and held by the Office of public authority or is under the control of the public authority can be provided. Compiling the information for the sake of RTI would amount to creation of new record, which is not mandated under Sec 2(f) of RTI Act, 2005. However, the displayed list of selected candidates in ADO recruitment round 2022-23 for a particular Division may be obtained by filing a fresh RTI application to the respective Division.
Query No 3: I would like to know the marks obtained for all the shortlisted candidates in mains exam and Interview.
Query No 4: I would like to know the final rank list of all candidates who have attended the interview.
Reply to RTI Queries 3 & 4: The ADO recruitment round 2022-23 will be complete only after the Contingency list is operated, if any, as decided by the Competent Authority and any information related to this round 2022-23 shall be made available under RTI Act, 2005, only after the round is complete. However, the information sought is exempted, as the information relates to others, the disclosure of which has no relationship to any public activity or interest and may cause unwarranted invasion of the privacy of the individual and is exempted from disclosure under section 8(1) (j) of RTI Act 2005.
Decision of FAA to Queries 3, & 4: Reply to the queries in appeal can be given only when the total process is over. The process will be completed after the Contingency list is operated, if any, as decided by the Competent Authority and full information related to this round 2022-23 would be available only after the round is complete. The information, wherever applicable, shall however be available subject to a fresh application under RTI Act,2005.
Page 11 of 17Submission to CIC for Queries 3 & 4: The information sought by the applicant could not be furnished as the information relates to others, the disclosure of which has no relationship to any public activity or interest and may cause unwarranted invasion of the privacy of the individual and is exempted from disclosure under section 8(1) (j) of RTI Act 2005.
Query No 5: I would also like to see the supplementary list of candidates for Apprentice Development Officer (ADO), 2023 recruitment in Kozhikode division. Reply: The Contingency list, if any, may be operated as per the decision of the Competent Authority. Any information related to this ADO recruitment round 2022-23 shall be made available under RTI Act, 2005, only after the round is complete.
Decision of FAA to Query 5: Reply to the queries in appeal can be given only when the total process is over. The process will be completed after the Contingency list is operated, if any, as decided by the Competent Authority and full information related to this round 2022-23 would be available only after the round is complete. The information, wherever applicable, shall however be available subject to a fresh application under RTI Act,2005.
Submission to CIC: There is no supplementary list. However the contingency list may be obtained by the applicant on submission of a fresh RTI application to Kozhikode Division."
CIC/LICOI/A/2023/647269.
We had received the RTI application LICSZ/R/E/23/00105 dated 01.07.2023 from Dr. Abhimanyu Sasi Pavoor, for which CPIO replied on 24.07.2023. Further the applicant submitted an appeal with reg. no. LICSZ/A/E/23/00020 dated 30.07.2023 and the First Appellate order was passed on 23.08.2023. The reply to the RTI, the response to the appeal and our current submission to CIC for each query is given below.
Query No 1: I would like to know the marks obtained for mains exam and interview of all the shortlisted candidates for the interview. Query No 2: I would like to know the final rank list of all candidates who have attended the interview. Call letter of the interview is attached as a supporting document.
Reply to queries 1 & 2: The information sought, wherever applicable, shall be available only after the selection process of this round is over, subject to a fresh application.
Page 12 of 17Decision of First Appellate Authority to queries 1&2: The ADO Recruitment round 2022-2023 will be completed only after the contingency List is operated, if any, as decided by the Competent Authority and any information related to this round 2022-23 shall be available only after the round is complete. The information, wherever applicable, shall however be available subject to a fresh application under RTI Act, 2005.
Submission to CIC for Queries 1 & 2: The information sought by the applicant could not be furnished as the information relates to others, the disclosure of which has no relationship to any public activity or interest and may cause unwarranted invasion of the privacy of the individual and is exempted from disclosure under section 8(1) (j) of RTI Act 2005."
CIC/LICOI/A/2023/647275.
"Query No 1: I would like to see the supplementary list of candidates for Life Insurance Corporation of India Apprentice Development Officer, 2023 recruitment in Kozhikode Division.
My name: ABHIMANYU SASI PAVOOR Roll No: 2281000927 Date of birth: 16-04-1992 Educational Qualification: Ph.D. Applied Division: Kozhikode Reply to RTI: The information sought, wherever applicable, shall be available only after the selection process of this round is over, subject to a fresh application.
Decision of First Appellate Authority: The ADO Recruitment round 2022-2023 will be completed only after the contingency List is operated, if any, as decided by the Competent Authority and any information related to this round 2022-23 shall be available only after the round is complete. The information, wherever applicable, shall however be available subject to a fresh application under RTI Act, 2005.
Submission to CIC: There is no supplementary list. However the contingency list may be obtained by the applicant on submission of a fresh RTI application to Kozhikode Division."
Appellant while reiterating the contents of his averred written submissions pleaded that rank list of selected candidates and their marks has been wrongly denied to him under Section 8(1)(j) of the RTI Act now ignoring the fact that he himself was one of the candidates appeared in the interview for the averred post. He further relied on certain case-laws of Hon'ble High Court (as quoted in Page 13 of 17 his written submissions) in support of his arguments and prayed the Commission that the respondent should be directed to disclose the entire rank list of selected candidates for the post of ADO, 2023 along with their marks.
Respondent at the outset stated that since the selection process was ongoing at the relevant time, therefore, the information could not be shared with the appellant. She further reiterated their stand for denial of list of selected candidates and their marks with the plea that it contains the elements of personal information of third parties which is exempted from disclosure under Section 8(1)(j) of the RTI Act. Therefore, the Appellant was being informed, accordingly. Regarding supplementary list of candidates, she added there is no records of such list maintained in their office, however, for contingency list, the appellant may file a fresh RTI application to get the said list.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records observes that core contention raised by the appellant in these appeals was denial of list of selected candidates with their ranks and marks for the post of ADO, 2023 earlier that selection process was ongoing and now under Section 8 (1)(j) of the RTI Act. In response to which, the Respondent claimed that that since the selection process was not completed at the relevant time, therefore, the information could not be shared with the appellant. She further reiterated their stand for denial of list of selected candidates and their marks on the ground that it contains the elements of personal information of third parties which is exempted from disclosure under Section 8(1)(j) of the RTI Act. As far as RTI application is concerned all points have been appropriately replied by the Respondent earlier vide their letters dated 24.07.2023 and 13.10.2023, which is as per the provisions of the RTI Act.
The Commission noted that the main citations quoted by the Appellant has been passed by the Hon'ble High Court of Mumbai on a date (11.11.2024) after the PIO had already replied (24.07.2023 and 13.10.2023) to the RTI applications. Thus, the replying CPIO cannot be faulted. However, situation has changed after passing of the order dated 11.11.2024 by the Hon'ble High Court.Page 14 of 17
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, if any. Transparency and accountability in a public recruitment process would be promoted. The disclosure of the list of selected candidates in a public recruitment process cannot be said to be purely personal information, the disclosure of which has no relationship to any public activity or interest, or which would cause an unwarranted invasion of the privacy of the individual. In any event, the larger public interest justifies the disclosure of such information. Such disclosure would promote transparency and accountability and dispel the lingering doubts about wrongdoings in the public recruitment process. Such disclosures would strengthen the recruitment process by boosting public confidence in it.
Further, in the light of the submissions tendered by the appellant, the Commission would like to invite attention of the Respondent towards a judgement of 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) dated 11.11.2024, wherein the Court 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 Page 15 of 17 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.
xxx xxx xxx
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.
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, the Commission directs the Respondent to provide the copy of list of the candidates selected for the post of ADO, 2023 rank wise along with the marks obtained by them and the contingency list of 2022-23 under the recruitment notice, which is the subject in issue, free of cost to the appellant, within four weeks of the date of receipt of this order.
The FAA to ensure compliance of this order.
Page 16 of 17With the above directions, the instant appeals are disposed of.
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, Southern Zonal Office, P B No. 2450, LIC Building, No. 153, Anna Salai, Chennai - 600002 Page 17 of 17 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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