केन्द्रीय सचू ना आयोग Central Information Commission बाबा गगं नाथ माग,ग मनु नरका

Baba Gangnath Marg, Munirka नई दिल्ली, New Delhi – 110067 नितीय अपील संख्या / Second Appeal No. CIC/HCDEL/A/2024/103645.

Shri. Shishir Chand. … अपीलकता/ग Appellant VERSUS/बनाम PIO, …प्रनतवािीगण /Respondent High Court Of Delhi.

Date of Hearing : 08.05.2025 Date of Decision : 08.05.2025 Chief Information Commissioner : Shri Heeralal Samariya Relevant facts emerging from appeal:

RTI application filed on : 11.08.2023 PIO replied on : 25.08.2023 First Appeal filed on : 25.09.2023 First Appellate Order on : 16.10.2023 2ndAppeal/complaint received on : 07.02.2024 Information sought and background of the case:

The Appellant filed an RTI application dated 11.08.2023 seeking information on following points:-

“Your attention is invited to the attached copy dated 21.05.2019 of Merit List of Candidates who qualified DELHI JUDICIAL SERVICE EXAM, 2018.

I would like to have a certified true copy of Caste Certificate submitted by candidate at Rank No. 151, Shri Vijayshree Rathore.”

The CPIO vide letter dated 25.08.2023 replied as under:-

“The information sought by you cannot be provided in view of Section 8(1)(j) of the Right to Information Act, 2005.”

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 25.09.2023. The FAA, Registrar (IT) vide order dated

16.10.2023 stated as under :-

“From the submissions made in RTI Application and in RTI Appeal, it is noted that the appellant is seeking a certified true copy of Caste Certificate of a candidate appeared in the Delhi Judicial Service Examination, 2018. Agreeing with submission made above by APIO and also the decision of Hon'ble Supreme Court, it is held that no larger public interest is involved in disclosure of desired personal information. Hence, the copy of caste certificate of a candidate in an examination cannot be provided to another candidate or any third person, as the same falls under the expression "personal information" of individual/candidate and it would cause unwarranted invasion of the privacy of the candidate, copy of whose certificate is being sought. No directions are required to be issued to the PIO in this appeal. The appeal is accordingly dismissed and disposed of.”

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Written submission dated 30.04.2025 has been received from the Appellant and same has been taken on record for perusal Facts emerging in Course of Hearing:

Appellant: Present in person Respondent: Mr. Vikas Saddi, DR(RTI), Ms. Gunjan Sindwani, Mr. Naveen Kumar, SJA, Mr. Vansh Luthra, Advocate, Mr. Nitish Dubey, Advocate-

participated in the hearing.

The Appellant stated that he has sought information related to certified true copy of Caste Certificate submitted by candidate at Rank No. 151,Vijayshree Rathore which has been wrongly denied by the PIO under section 8(1)(j) of the RTI Act. He stated that the Vijayshree Rathore has obtained fake certificate on the basis of which Vijayshree Rathore has been selected in Delhi Judicial Service Exam. He stated that he has filed a complaint in this regard which has not been decided yet.

The Respondent stated that the information sought i.e caste certificate is personal information of third party and same is exempted from disclosure under section 8(1)(j) of the RTI Act. He stated that disclosure of information sought would cause unwarranted invasion of privacy of an individual and accordingly the same was not furnished to the Appellant. They relied upon the decisions of Hon’ble High Court of Delhi in Harish Kumar v Provost Marshal-cum—Appellate Authority & Ors 2012 SCC Online Del 1965 and Baljeet Singh V PIO, Industrial Training Institute, Jahangir Puri & Anr 2019(176)DRJ313.

Decision:

Commission upon a close scrutiny of the contents of RTI Application observed that the caste certificate of an individual as sought by the Appellant is squarely hit by Section 8(1)(j) of