Hemant Gupta, J.

1. The challenge in the present writ petition is to the order dated 7-10-2008 (Annexure P-7) passed by Central Information Commissioner, directing the petitioner to provide the marks obtained by the selected candidate under various heads; the marks obtained by respondent No. 2 (hereinafter referred to as the #24;applicant#25;) under various heads and the marks secured by the applicant during the last four years, if any, for the performance.

2. The applicant was considered for promotion as Security Officer from Middle Management Grade Scale-III (for short #24;MMGS-III#25;) to Senior Management Grade Scale-IV (for short #24;SMGS-IV#25;) in the promotion year 2006- 2007. The applicant sought the following information on 20-6-2007 under the Right to Information Act, 2005 (hereinafter referred to as #24;the Act#25;) :-

#28;1. The policy/criteria adopted by the Bank for inclusion in the zone of Selection and promotion of Security Officers from MMGS-III to SMGS-IV for the promotion year 2006-2007. 2 For the sake of transparency, please advise me the score of my last five years performance like the prevailing practice of advising the test performance to general cadre officers. 3 My shortcomings, if any, which had formed the basis of excluding my name from the list of the last year promotions.#29;

3. The petitioner has been granted information in respect of the policy criteria adopted by the petitioner. However, the following information ordered by the Central Information Commissioner is disputed by the petitioner in the present writ petition.

#28;1. The marks obtained by the last selected candidate under various heads (without disclosing the name). 2 The marks obtained by the appellant under various heads. 3 If some marks have been prescribed for the performance, the marks secured by the appellant during the last four years against the performance.#29;

4. Learned counsel for the petitioner has vehemently argued that such information was not sought by the applicant in his application under the Act and that the information sought is exempted from disclosure in terms of Section 8(1)(e) and (j) of the Act.

5. Having heard learned counsel for the petitioner, we do not find any merit in the present writ petition. The applicant has sought information for the sake of transparency and the shortcomings of the applicant. Such information is sought in respect of the selection of the applicant for promotion to SMGS-IV. Obviously, the shortcomings can be assessed only in reference to other eligible candidates. The marks obtained by the applicant or other candidates would lead to disclosure of the shortcomings, if any, suffered by the applicant during the process of selection. Thus, the directions given by the Central Information Commissioner to disclose the marks obtained by the applicant and other candidates under the various heads, is the one which has been sought by the applicant by way of his application under the Act.

6. Before considering the argument raised by the petitioner claiming exemption from disclosure of information, reproduction of the relevant provisions is necessary. Section 2. Definitions - In this Act, unless the context otherwise requires :-

xxx xxx xxx (h) #29;public authority#29; means any authority or body or institution of self-government established or constituted - (a) by or under the Constitution; (b) by any other law made by Parliament; (c) by any other law made by State Legislature; (d) by notification issued or order made by the appropriate Government and includes any- (i) body owned, controlled or substantially financed; (ii non-Government organisation substantially financed, directly or indirectly by funds provided by the appropriate Government; 8 Exemption from disclosure of information : xxxx xxxx xxxx (e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public int