CENTRAL INFORMATION COMMISSION
Anandi Ramalingam, IC
Sameer Arvind Karpe – Appellant
Versus
Central University of Gujarat – Respondent
Second Appeal No. CIC/CUGUJ/A/2024/646564
| Table of Content |
|---|
| 1. rti application denied under section 8(1)(j) (Para 1 , 2 , 3) |
| 2. public interest justifies information access (Para 4 , 6) |
| 3. cpio's failure to justify denial of access (Para 5 , 7 , 8) |
| 4. directive for revised information provision (Para 9) |
Hon’ble Commissioner _ANANDI RAMALINGAM O R D E R
1. The Appellant filed an RTI application dated 08.04.2024 seeking information as under:
“I am requesting copies of the CASR meeting minutes for all CASR meetings conducted by the School of Chemical Science from the academic year 2010.”
2. The CPIO replied vide letter dated 07.06.2024 and the same is reproduced as under :-
“As per the RTI Act 2005 Section 8 (1) (j) third party information is exempted from disclosure.”
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 30.06.2024. The FAA vide order dated 29.07.2024 upheld the reply given by the CPIO.
4. Aggrieved with the FAA’s order, the Appellant approached the Commission with the instant Second Appeal dated 20.10.2024 stating as under:
“10.1. Applicant's Bona Fide Status: I was a bona fide student of the Central University of Gujarat during the relevant period. As a former student, I have a vested academic interest in accessing information related to the CASR (Committee for Academic and Students' Research) meetings. This committee's decisions had a direct impact on my academic progression, and the information sought pertains to the period when I was a student at the University.
10.2. Misapplication of Section 8 (1)(j) of the RTI Act:
The CPIO and FAA have incorrectly applied Section 8 (1)(j) of the RTI Act, which exempts "personal information" from disclosure if it has no relationship to any public activity or interest, or if it would cause an unwarranted invasion of privacy. The information sought by the applicant-minutes of the Committee for Advanced Studies and Research (CASR) does not qualify as personal information. These minutes pertain to the academic and administrative decisions of the university, including appointments of supervisors, examiners, and Ph.D. admissions, all of which are public functions related to academic governance. Disclosure of such information would not cause any unwarranted invasion of privacy, as the matters discussed in the CASR meetings are related to academic governance. Disclosure of such information would not cause any unwarranted invasion of privacy, as the matters discussed in the CASR meetings are related to academic policies and decisions rather than private, personal affairs.
10.3. Public Interest Justifies Disclosure:
Even if certain portions of the CASR meeting minutes involve third-party information, a larger public interest justifies their disclosure. As a former student directly affected by these decisions, the applicant has a legitimate and substantial interest in accessing these records to ensure transparency and accountability in academic processes. The CASR's role in determining key academic decisions such as changes to the applicant's Ph.D. guide, as highlighted in Ground 3 of the first appeal (Annexure E)-extends beyond private interests, affecting multiple students and the integrity of academic procedures. The exemption under Section 8 (1)(j) should not be used to shield procedural decisions from scrutiny.
10.4. Legal Right to Access CASR Meeting Minutes (Reference to University Ordinance No. 16 ):
As per University Ordinance No. 16 (Annexure G), the Committee for Advanced Studies and Research (CASR) has powers and duties that include making important academic decisions such as appointments of supervisors, admissions, recommendations for examiners, and other decisions crucial to M.Phil./Ph.D. programs. These are not matters of personal privacy but are integral to the academic governance of the institution. University Ordinance No. 16 explicitly highlights that the CASR's responsibilities are of a procedural and public nature. Therefore, the disclosure of the minutes detailing the
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