Caste certificates and professional records submitted for employment are classified as 'personal information' under Section 8(1)(j) of the RTI Act and are exempt from disclosure unless a larger public interest is established, which mere allegations of fraud do not suffice.

O R D E R

Relevant dates emerging from the appeal:

1. The Appellant filed an RTI Application dated 14.06.2024 before the CPIO, Raja Ramanna Centre for Advanced Technology, Indore seeking information as under:

“Amrit ghosh, s/o Kartik ghosh, resident of villege- Siarketiya, PO-Bhandaru, P.S.- Binpur, Distt-Jhargram(West Bengal) is working on the post of Scientific Asstt.-C in Raja Ramanna centre for advanced Technology, Indore. His selection and appointment is against vacancy reserve for OBC category as per final result issued by RRCAT dt. 07.09.2017. In this regard, the information i.e. copy of OBC certificate submitted by him needs to be placed before the certificate issuing authority to enquire his genuineness and authenticity of caste shown in OBC certificate on ground level. He does not belongs to the caste shown in the certificate and obtained certificate by using unfair means. He is holding a public office, getting salary from the public exchequer and discharging public functions in a public institution, therefore whatever documents he has submitted in pursuance of his appointment to public office in a public institution falls in public domain. This information has the larger public interest to the real candidates and beneficiary communities. Therefore provide the following information under RTI Act:-

1. Provide information about date of his joining and appointment on this post.

2. As he was selected against the post reserved for OBC category, Provide the certified copy of OBC certificate submitted by him to claim reservation to the post for OBC category for appointment.

It is worthy to mention here in that before deciding to apply the Section 8(1) (j) of RTI Act-2005 about exemption from disclosure of above information by CPIO should also read the provision in section 8(1) that the information which cannot be denied to the parliament or a state legislature shall not be denied to any person. Also follow the under mentioned direction by Central Information Commission that;-

the observation of Hon'ble Central Information Commission (CIC) in the same matter RTI case No. CIC/SA/A/2015/000038 observed as follows:

"While deciding this case, the Commission agrees with the contention of the appellant that when a person "is holding a public office, getting salary from the public exchequer and discharging public functions in a public institution, therefore whatever documents she has submitted in pursuance of her appointment to public office in a public institution falls in public domain." The act of applying for a job or a selection process is not a private activity but is clearly a Public activity, and disclosure of the documents and papers submitted to obtain the job cannot be held to be an invasion on privacy. The PIO will provide the copies of educational qualification and caste certificates to the appellant.

In another same RTI case appeal No. CIC/OP/A/2009/000173-AD, the Hon'ble Central Information Commission had further reiterated this view:

* when an employee has been appointed in reserved category on the basis of caste certificates produced by him, the certificates can no longer be termed as personal or third party information and merit disclosure and accordingly directs the PIO to provide the information as sought by the Appellants in their RTI application."

So, In view of larger public interest, it is requested to provide the desired information in consonance to satisfy t