How to furnish the RTI reply by the PIO
On 27.08.2015, Respondent No. 1, Mohd. Naushadudin applied for the Right to Information Act, 2005, seeking certain information from the petitioner, namely the Central Board of Secondary Education (CBSE). The English translation of the RTI application, annexed with the petition, reads as follows:
“1. Whether the Union HRD Minister, Smt. Smriti Irani, passed the Matriculation Examination in the year 1991 and the Intermediate Examination in the year 1993 from your Board?
2. If so, kindly provide photocopies of her Class X and Class XII admit cards (hall tickets) and mark-sheets.”
The Public Information Officer (PIO) of the petitioner, vide reply dated 20.10.2015, declined to furnish the information sought. The rejection was based on two principal grounds.
First, by invoking Section 8(1)(e) of the RTI Act, the PIO stated that the information pertained to confidential third-party records held in a fiduciary capacity, and therefore could not be disclosed without the prior consent of the concerned third party.
Second, it was stated that the records maintained by CBSE are organized and retrieved on the basis of roll number, class, and year, and since these particulars were not furnished by the applicant, the Board was unable to trace and supply the requested information.
The English translation of the reply dated 20.10.2015, annexed with the petition, is reproduced below:
“Subject: Application received under the Right to Information Act, 2005.
This is with reference to your application dated 27.08.2015, received in this office on 28.09.2015 through the Public Information Officer, Delhi. The information sought by you pertains to confidential information relating to a third party. Accordingly, no information can be supplied without the prior permission or consent of the concerned third party. Hence, the application is rejected under Section 8(1)(e) of the RTI Act, 2005.
It is further informed that all records and documents in this office are maintained according to roll number, class, and year. In the absence of these particulars, it is not possible to provide any information.
Accordingly, your application under the Right to Information Act, 2005 stands disposed of.
If you are not satisfied with this reply, you may file an appeal under Section 19 of the RTI Act, 2005 before the First Appellate Authority within 30 days, as per the prescribed rules.
Address of the First Appellate Authority:
Regional Director/Appellate Authority,
Central Board of Secondary Education,
Todarmal Marg, Ajmer, Rajasthan – 305030.
Yours faithfully,
Sd/-
(Vikas Arora)
Public Information Officer”
Note: The Commission observes that the disclosure of details of educational records of a student, maintained at the University, in no way infringes his/her right to privacy, hence there cannot be any violation of section 8(1)(j) of the Right to Information Act, 2005. This is primarily because the matters relating to the educational qualifications of a student (former/current) fall under the public domain.
