ORDER

Information sought:

The Appellant filed an RTI Application dated 26.07.2021 seeking information as under:

The Deputy Registrar, Indian Institute of Technology Jammu, Jammu and Kashmir vide letter dated 04.08.2021, informed to the Appellant as under:

Being dissatisfied, the Appellant filed a First Appeal dated 03.09.2021. The First Appellate Authority vide order dated 03.09.2021, informed as under:

Grounds for Second Appeal:

The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. Appellant requested the Commission to direct the CPIO to provide complete information sought for.

Submissions made by Appellant and Respondent during Hearing:

The Appellant stated that he is not satisfied with the reply provided by the Respondent qua point no. 1 (c) and (d) and point no. 2 (c) and (d) of the instant RTI Application.

The Respondent submitted that information sought by the Appellant in point nos. 1 (c) and (d) and point nos. 2 (c) and (d) of the instant RTI Application, are not made public as it is personal information of third party which is exempted from disclosure under Section 8 (1) (j) of the RTI Act.

Decision:

Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the information sought in point nos. 1 (c) and (d) and point nos. 2 (c) and (d) of the instant RTI Application, is third party’s personal information and the disclosure of which is exempted u/s. 8(1)(j) of the Act and the Commission upholds the reply given by the Respondent vide letter dated 04.08.2021. In this regard, the Commission notes that Hon’ble Supreme Court of India in the case of CPIO, Supreme Court of India v. Subhash Chandra Agrawal Civil Appeal No. 10044 of 2010 held as under:

“59…in our opinion, would indicate that personal records, including name, address, physical, mental and psychological status, marks obtained, grades and answer sheets, are all treated as personal information. Similarly, professional records, including qualification, performance, evaluation reports, ACRs, disciplinary proceedings, etc. are all personal information. Medical records, treatment, choice of medicine, list of hospitals and doctors visited, findings recorded, including that of the family members, information relating to assets, liabilities, income tax returns, details of investments, lending and borrowing, etc. are personal information. Such personal information is entitled to protection from unwarranted invasion of privacy and conditional access is available when stipulation of larger public interest is satisfied. This list is indicative and not exhaustive…..”

The above ratio is applicable to this case as well. Hence, the Commission finds no further scope of intervention in the instant matter.

With the above observations, the instant Second Appeal is disposed of.

Copy of the decision be provided free of cost to the parties.

The Appeal, hereby, stands disposed of.