Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(CIC) 1292

CENTRAL INFORMATION COMMISSION
Sudha Rani Relangi, Information Commissioner
Arvind Bhatt – Appellant
Versus
CPIO, Dr. Harisingh Gaur University, Sagar, RTI Cell – Respondent
CIC/DHGVV/A/2024/626568|CIC/DHGVV/A/2024/626567|CIC/DHGVV/A/2024/626566|CIC/DHGVV/A/2024/626565|CIC/DHGVV/A/2024/626561|CIC/DHGVV/A/2024/626560|CIC/DHGVV/A/2024/626558|CIC/DHGVV/A/2024/626559|CIC/DHGVV/A/2024/626556|CIC/DHGVV/A/2024/626552|CIC/DHGVV/A/2024/626550|CIC/DHGVV/A/2024/626547|CIC/DHGVV/A/2024/626549

Advocates:
For the Appellants/Petitioners:
For the Respondents: Brij Bhushan Singh, Rajneesh Jain

Application forms with personal details of recruitment candidates exempt under RTI Section 8(1)(j) as unwarranted privacy invasion absent larger public interest; public authorities must proactively disclose recruitment info on websites.

Headnote:(A) Right to Information Act, 2005 - Sections 2(f), 4(1), 8(1)(e), 8(1)(j), 11, 19(1), 20(1), 25(5) - Digital Personal Data Protection Act, 2023 - Section 44(3) - Disclosure of application forms with supporting documents submitted by recruitment candidates - Such forms containing marksheets, certificates etc. qualify as personal information of third parties exempt under Section 8(1)(j) - List of selected candidates provided; no larger public interest established for further disclosure - Performance details between employer-employee governed by service rules, disclosure unwarranted invasion of privacy unless larger public interest shown (Paras 71-72).

(B) Right to Information Act, 2005 - Section 4(1) - Proactive disclosure - Public authorities obligated to suo motu publish recruitment advertisements, lists of selected candidates, qualifications etc. on official websites to promote transparency and reduce RTI burden - Recommendations issued to ensure compliance (Paras 73-75).

Facts of the case:
Appellant filed multiple RTI applications seeking details of candidates' application forms, marks, supporting documents for professor/associate professor posts across departments. CPIO denied citing personal information exemption under Section 8(1)(j) and third-party provisions; FAA partially allowed point no. 3. Second appeals clubbed before Commission challenging denial and alleging recruitment irregularities, non-compliance with disclosure norms.

Findings of Court:
Personal information in application forms exempt from disclosure; list of candidates already provided. Public authority directed to proactively disclose recruitment-related information on website. Compliance report required within six weeks.

Issues: (1) Whether application forms and supporting documents of third-party candidates in public recruitment exempt under Section 8(1)(j)? (2) Obligation for proactive disclosure under Section 4(1) in recruitment processes.

Ratio Decidendi: Application forms with personal details like marks, certificates are exempt as personal information causing unwarranted privacy invasion absent larger public interest; appellate courts rely on precedents treating such as employer-employee matters. Proactive disclosure mandatory for transparency in public recruitment.

Result: Appeals disposed of; no intervention on personal information disclosure; recommendations for proactive disclosure issued.

Table of Content
1. rti timelines and cpio denials under section 8(1)(j) (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52)
2. appellant challenges faa/cpio on public interest (Para 53 , 54 , 55 , 56)
3. interim adjournment for cpio response (Para 57 , 58 , 59 , 60)
4. cpio defends personal info exemption post-dpdp (Para 61 , 62 , 63 , 64 , 65)
5. personal records exempt unless public interest overrides (Para 66 , 67 , 68 , 69 , 70 , 71 , 72)
6. mandate proactive disclosure under section 4 (Para 73 , 74 , 75 , 76)

Information sought:

1. The Appellant filed an RTI application dated 18.01.2024 seeking the following information:

2. Having not received any response from the CPIO, the appellant filed a First Appeal dated 19.02.2024.

3. Meanwhile, the CPIO furnished a reply to the Appellant on 19.03.2024 stating as under:

“1. The applications submitted by the candidates including copies of marks sheet are the personal information and no larger public interest is involved in its disclosure and as such it is exempted from disclosure under Section 8 (1)(j) of RTI, Act 2005.

2. Information pertains to third party and no larger public interest involves in it and as such it is exempted from disclosure under Section 11 of RTI Act, 2005.

3. Please refer reply at serial no. 02.

4. Please refer reply at serial no. 02.

5. Please refer reply at serial no. 02.

6. The applications submitted by the candidates including copies of marks sheet are the personal information and no larger public interest is involved in its disclosure and as such it is exempted from disclosure under Section 8 (1)(j) of RTI, Act 2005.

4. The FAA vide its order dated 22.03.2024 disposed of the First Appeal directing the CPIO to furnish relevant information at point No. 3 of RTI application within 15 days.

2. CIC/DHGVV/A/2024/626567

Relevant facts emerging from appeal:

RTI application filed on : 18.01.2024

CPIO replied on : 19.03.2024

First appeal filed on : 19.02.2024

First Appellate Authority’s order : 22.03.2024

2nd Appeal/Complaint dated : 19.06.2024

Information sought:

5. The Appellant filed an RTI application dated 18.01.2024 seeking the following information:

6. Having not received any response from the CPIO, the appellant filed a First Appeal dated 19.02.2024.

7. Meanwhile, the CPIO furnished a reply to the Appellant on 19.03.2024 stating as under:

2. Information pertains to third party and no larger public interest involves in it and as such it is exempted from disclosure under Section 11 of RTI Act, 2005.

3. Please refer reply at serial no. 02.

4. Please refer reply at serial no. 02.

5. Please refer reply at serial no. 02.

8. FAA vide its order dated 22.03.2024 disposed of the First Appeal directing the CPIO to furnish relevant information at point No. 3 of RTI application within 15 days.

3. CIC/DHGVV/A/2024/626566

Relevant facts emerging from appeal:

RTI application filed on : 18.01.2024

CPIO replied on : 19.03.2024

First appeal filed on : 19.02.2024

First Appellate Authority’s order : 22.03.2024

2nd Appeal/Complaint dated : 19.06.2024

Information sought:

9. The Appellant filed an RTI application dated 18.01.2024 seeking the following information: