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1 - 10 of 11 (0.52 seconds)The Right to Information Act, 2005
Section 8 in The Right to Information Act, 2005 [Entire Act]
The Cpio, Supreme Court Of India, Tilak ... vs Subhash Chandra Agarwal & Anr. on 2 September, 2009
69. Per contra, the contention of CPIO that the list of candidates selected for
the post in different departments as per the advertisement in question has
been provided to the Appellant barring the relevant application forms
submitted by the candidates on e-samarth portal, as it contains the elements
of personal information of third party which is exempted from disclosure
under Section 8 (1)(j) of the RTI Act, 2005. To substantiate his denial of
request, the CPIO placed reliance on Section 44 (3) of Digital Personal Data
Protection (DPDP) Act 2023 brought into force w.e.f. 14.11.2025 which
establishes that Public Authority, no longer requires to justify withholding
personal data by weighing Public interest against privacy. CPIO further placed
reliance on para 59 of Hon'ble Apex Court citation in the case of Central Public
Information Officer, Supreme Court of India v. Subhash Chandra Agarwal in
Civil Appeal No.10044 of 2010 with Civil Appeal No.10045 of 2010 and Civil
Appeal No.2683 of 2010. Relevant extracts of which are reproduced below:-
The Delhi Prevention Of Defacement Of Property Act, 2007
Section 4 in The Right to Information Act, 2005 [Entire Act]
Section 20 in The Right to Information Act, 2005 [Entire Act]
Canara Bank vs C.S. Shyam . on 31 August, 2017
The present appellant under RTI who is not the candidate in the said
recruitment process nor the bona-fide information seeker wants to invade the
privacy of the candidates by seeking their applications which includes personal
records like mark sheets, caste/category certificate, Form- 16, etc. Such
personal information is exempted from disclosure under Section 8(1) (j) of RTI,
Act, 2005 as clarified by the Hon'ble Supreme Court of India in the matter of
Central Public Information Officer, Supreme Court of India Vs. Subhash
Chandra Agarwal in Civil Appeal No.10044 of 2010 with Civil Appeal No.10045
of 2010 and Civil Appeal No.2683 of 2010 wherein in the import of "personal
information" envisaged under Section 8(1) (j) of RTI Act has been exemplified
in the context of earlier ratios laid down by the same Court in the matter(s) of
Canara Bank Vs. C.S. Shyam in Civil Appeal No. 22 of 2009; Girish Ramchandra
Deshpande Vs. Central Information Commissioner & ors., (2013) 1 SCC 212 and
R.K. Jam Vs. Union of India & Anr., (2013) 14 SCC 794. The following was thus
held:
Girish Ramchandra Deshpande vs Cen.Information Commr.& Ors on 3 October, 2012
The present appellant under RTI who is not the candidate in the said
recruitment process nor the bona-fide information seeker wants to invade the
privacy of the candidates by seeking their applications which includes personal
records like mark sheets, caste/category certificate, Form- 16, etc. Such
personal information is exempted from disclosure under Section 8(1) (j) of RTI,
Act, 2005 as clarified by the Hon'ble Supreme Court of India in the matter of
Central Public Information Officer, Supreme Court of India Vs. Subhash
Chandra Agarwal in Civil Appeal No.10044 of 2010 with Civil Appeal No.10045
of 2010 and Civil Appeal No.2683 of 2010 wherein in the import of "personal
information" envisaged under Section 8(1) (j) of RTI Act has been exemplified
in the context of earlier ratios laid down by the same Court in the matter(s) of
Canara Bank Vs. C.S. Shyam in Civil Appeal No. 22 of 2009; Girish Ramchandra
Deshpande Vs. Central Information Commissioner & ors., (2013) 1 SCC 212 and
R.K. Jam Vs. Union of India & Anr., (2013) 14 SCC 794. The following was thus
held:
M/S Pravin Kumar Kotak vs State Of Chhattisgarh 14 Wpt/167/2018 ... on 10 October, 2018
74. Hence, the Commission deems it expedient, as per Section 25(5) of the
RTI Act, 2005, for recommending the Respondent Public Authority giving effect
to the provisions of Section 4 of the RTI Act as recently directed by Hon'ble
Apex Court in the case titled Kishan Chand Jain v. UOI & Ors. WRIT PETITION
(CIVIL) No. 990 of 2021 for facilitating the requisite information as sought in
the RTI application under reference through website, to make it easy for a
layperson to get relevant information. This step will also relieve the Public
Authority of the burden of RTI Applications.