JUDGMENT :

(Prayer: Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records relating to the impugned order dated 20.11.2009 made in Case No.6109/Enquiry/2009 on the file of the Tamil Nadu Information Commission and to quash the same as void, unlawful, unjust and unconstitutional.)

The Writ Petition has been filed, challenging the order of the respondent passed in Case No.6109/Enquiry/2009 on the file of the Tamil Nadu Information Commission dated 20.11.2009, by which the information sought for by the respondent herein was directed to be supplied free of cost within three weeks.

2. It was the case of the Tamil Nadu Public Service Commission (hereinafter referred to as the 'TNPSC'), represented by its Secretary that TNPSC is a Constitutional Body, created under Article 315 of the Constitution of India to carry out several functions and duties enumerated under Article 320 of the Constitution of India. The main duty of TNPSC is to conduct examinations and make selections to the services of the State in addition to the allied functions of extension of consultation in respect of disciplinary matters, recruitment methods, etc.

2.1. It was the further case of TNPSC that the respondent herein addressed a letter dated 06.10.2008 to Public Information Officer, Chennai seeking for the following information:

(a) Total number of vacancies called for the years 2006, 2007 and 2008;

(b) Number of seats allocated to the Backward Community out of the total number of vacancies called for the years 2006, 2007 and 2008;

(c) Number of seats allocated to the Most Backward Community out of the total number of vacancies called for the years 2006, 2007 and 2008;

(d) Out of seats allocated to the Backward Community, the list of the selected candidates from the sub-castes of Muthuraja and Muthriyar;

(e) Out of seat allocated to the Most Backward Community, the list of selected candidates from the sub-castes Ambalakarar;

(f) Out of seat allocated to the Most Backward Community, the list of selected candidates from Vanniya Kula Shatriar sub-castes (Vanniyar, Vanniya, Vanniya Gounder, Kandar, Padayachi Palli and Agni Kular Shathriar)."

2.2. It was also the case of TNPSC that though the details sought for in respect of a to c were furnished to the respondent, it was replied that other queries are exempted under Section 8 (1)(d) of the Right to Information Act, 2005 (in short 'RTI Act'). Aggrieved by the said reply, the respondent approached the Second Appellate Authority, namely, Tamil Nadu Information Commission (in short 'TNIC') and the said TNIC called for the Public Information Officer for enquiry and thereafter, passed the impugned order dated 20.11.2009, which is unjust, illegal, improper and an arbitrary exercise of power.

2.3. It was submitted by TNPSC that it, being a Constitutional Functionary, has moral obligation to maintain confidentiality and in the event of furnishing of the details to the respondent, it would harm the interest of third parties and the details regarding caste-wise breakup of the selected candidates got nothing to do with the public activity and such disclosure would amount to invasion of the privacy of individuals, apart from creation of communal discontent and strife. It was stated that the State has stopped the sporting of the caste behind the names of persons and at the time of publication of result, TNPSC used to indicate only the Class of candidates and not otherwise. Therefore, the direction to furnish such details, issued by TNIC is highly unsustainable and untenable.

3. Heard the learned Senior Counsel for the Petitioner-TNPSC. There is no representation for the respondent, despite his name being printed in the cause list.

4. The contention of TNPSC that the details sought for by the respondent are not at all warranted and that it would amount to invasion of privacy, cannot be accepted, especially when the selection itself is based on caste wise quota. The disclo