Central Information Commission
Honorary Subedar Major Ramesh Kumar ... vs Maulana Azad National Institute Of ... on 7 May, 2026
के य सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मु नरका
Baba Gangnath Marg, Munirka
नई द ल , New Delhi - 110067
File No: CIC/MNITB/A/2025/101720
Honorary Subedar Major Ramesh Kumar (Retd.) .....अपीलकता/Appellant
VERSUS
बनाम
THE CPIO
MAULANA AZAD NATIONAL INSTITUTE OF TECHNOLOGY,
(MANIT), BHOPAL, RTI CELL, LINK ROAD NUMBER 3,
NEAR KALI MATA MANDIR, BHOPAL,
M. P. -462003 .... तवाद गण /Respondent
Date of Hearing : 30.04.2026
Date of Decision : 30.04.2026
INFORMATION COMMISSIONER : Sudha Rani Relangi
Relevant facts emerging from appeal:
RTI application filed on : 18.10.2024
CPIO replied on : 19.11.2024
First appeal filed on : 25.11.2024
First Appellate Authority's order : 11.12.2024
2nd Appeal dated : 09.01.2025
Information sought:
1. The Appellant filed an RTI application dated 18.10.2024 seeking the following information:
"1. Please refer to your office memo number Academic Branch/2024/2401/1 dated 01.10.2024.Page 1 of 4
2. Please forward an attested copy of application form submitted for admission of Ms Farheen Khan. Sir, as explained earlier, it is clear cut case of fraudulent admission under fake NCL-OBC certificate. To enable me to approach the M.P High Court by means of a writ petition to issue directions/fee filing the F.I.R against the FRAUDSTERS, it is to be determined whether Mr Feroz Khan or his wife Smt Peetu Khan has signed on the admission application form. This information is sought under R.T.I Act 2005.
3. Sir, since the matter is related to FRAUD, this may not be treated as Third Party Information."
2. The CPIO furnished a reply to the Appellant on 19.11.2024 stating as under:
"Point no 1 and 03- No information is sought. Point no 02- The information sought comes under 3rd party information under clause 11 of RTI Act-2005."
3. Aggrieved by the decision of the CPIO, the Appellant filed a First Appeal dated 25.11.2024. The FAA vide its order dated 11.12.2024, upheld the reply of the CPIO.
4. Challenging the FAA's order, Appellant is before the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Hon. Subedar Major Ramesh Kumar (Retd.) present through video conference.
Respondent: Shri Prashant Bhatnagar, AR/CPIO present through video conference.
5. Written statement of the CPIO is taken on record.
6. Appellant stated that information seeking copy of application form submitted for admission of Ms. Farheen Khan on the basis of alleged forged NCL- OBC certificate is requested from the CPIO to expose the fraud/corruption activity carried out by the concerned persons. Appellant contended that this issue has been taken up by him before the Hon'ble Chief Minister of the State and Special Task Force by filing a complaint. Appellant Page 2 of 4 expressed his dissatisfaction to the fact that information was denied by the CPIO claiming it to be personal information of third-party. It was expected from the CPIO that he should have obtained consent from the third-party under Section 11 of RTI Act for disclosure of desired information. Appellant prayed the Commission to direct the CPIO to provide the requisite information considering the angle of corruption involved in the matter.
7. CPIO stated that application form of Ms. Farheen Khan as sought by the Appellant contains elements of personal information of third party which cannot be disclosed under the RTI Act, 2005. The CPIO further stated that on the request of the Appellant the OBC-NCL certificate of third party has been sent to the Collectorate Office, Gwalior and also, office of CPIO received a letter from STF, M.P. Bhopal yesterday enquiring about the fraudulent case of subject NCL-OBC certificate. CPIO undertaken to provide the required information to the STF during inquiry.
Decision:
8. Heard the parties.
9. Upon perusal of the facts of this Appeal and hearing the submissions of the parties, the Commission observes that the main premise of instant Appeal was denial of application form and OBC certificate submitted for admission of Ms. Farheen Khan as personal information of third-pard. In this regard, it is noted that educational and other related information as sought by the Appellant of Ms. Farheen Khan pertains to personal information of third-party, disclosure of which is exempted under Section 8 (1)(j) of the RTI Act, 2005. Hence, the Commission is of the firm view that denial of request of such information by the CPIO vide letter dated 19.11.2024 is in accordance with the provisions of the RTI Act, 2005.
10. The Commission also relied on a judgement of Hon'ble Apex Court in the case titled Girish Ramchandra Deshpande v. Central Information Commissioner & Ors. (SLP (Civil) No. 27734 of 2012) decided on 03.10.2012. Moreover, Section 44 (3) of Digital Personal Data Protection (DPDP) Act 2023 brought into force w.e.f. 14.11.2025 establishes that Public Authority no longer requires to justify withholding personal data by weighing public interest against privacy.
Page 3 of 411. Further, the issue flagged by the Appellant regarding alleged corruption is a matter of grievance which cannot be resolved under the mandate of the RTI Act, 2005. For that purpose, the Appellant is at liberty to pursue his grievance either before Competent Authority or through Appropriate Forum as deemed fit.
12. Having observed as above, intervention of the Commission is not required in the matter.
The Appeal is disposed of accordingly.
Sd/-
Sudha Rani Relangi(सध ु ा रानी रे लंगी) Information Commissioner (सूचनाआयु त) Authenticated true copy (अ भ मा णतस या पत त) (Anil Kumar Mehta) Dy. Registrar 011- 26767500 Date Honorary Subedar Major Ramesh Kumar (Retired.) Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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