CPIO must cite appropriate RTI Act exemptions; incorrect exemptions hinder access to public information.

Hon’ble Commissioner _ANANDI RAMALINGAM O R D E R

1. The Appellant filed an RTI application dated 19.09.2024 seeking information on the following points:

1 1 / /1 567890123

2. The CPIO replied vide letter dated 25.09.2024 and the same is reproduced as under :-

“The information requested cannot be shared as per section 8(1)(j) of the RTI Act

2005.”

3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 25.09.2024 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 16.10.2024 stated as under: -

“After considering the all the facts and the reply given by CPIO, following decision is communicated: Information is not available in the format as desired, the you may see the details available on the subject at NTA website https://exams.nta.ac.in/NEET/images/press-release-for-the-re-revised-result-

declaration-of-the-neetug-2024-revised-as-on-26-july-2024.pdf”

4. Aggrieved with the FAA’s order, the Appellant approached the Commission with the instant Second Appeal dated Nil.

5. The appellant appeared through audio conference and on behalf of the respondent Mr. Manish Srivastava, Assistant Director attended the hearing in person.

2 2 / /1 567890123

6. The appellant inter alia submitted that he sought information on number of candidates of particular age groups who attended the exam in the format he annexed in the RTI application and the CPIO denied the same U/s 8(1)(j) of RTI Act. The appellant further submitted that the information sought by him is statistical data and no third-party information is involved in this.

7. The respondent while defending their case inter alia submitted that the appellant sought information on candidates registered, appeared and qualified for the NEET exam – 2024 amongst the 6 age groups mentioned by him. The respondent has further submitted that the information sought by the appellant is not compiled in the format as mentioned by the appellant.

8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that the CPIO has claimed wrong exemption in initial reply dated 25.09.2024 and instead the CPIO ought to have invoked Section 2 (f) of the RTI Act as the information sought by the appellant is in the nature of asking the CPIO to create/collate information in the format desired by him. Therefore, the CPIO is advised to be vigilant while dealing with RTI applications in future and claim exemptions appropriately when posed with such RTI applications. Nevertheless, the Commission finds that although the section claiming exemption is not mentioned, the FAA has given an appropriate reply to the appellant vide order dated 16.10.2024 and hence the same is being upheld. In view of the above, the Commission finds no scope of intervention in the matter. Accordingly, the appeal is disposed of.