SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(Online)(DEL) 12362

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 27th MAY, 2024 IN THE MATTER OF:

+ W.P.(C) 4039/2024 ERROL RAJESH DYSELL ..... Petitioner Through: Mr. Vibhu J ain, Advocate.

versus UNION OF INDIA & ORS. ..... Respondents Through: Mr. Farman Ali, SPC with Ms. Usha Jamnal and Mr. Krishan Kumar, Advocates. CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

JUDGMENT

1. The present writ petition has been filed seeking the following prayers "Issue the writ in the nature of mandamus/certiorari to the respondents to provide requisite information to the petitioner to RTI requested dated 20.05.2022.

Pass such other and further order which the Hon‟ble court may deem fit and proper in the fact and circumstances of the above case."

2. The instant writ Petitioner rises out of an RTI Application filed by the Petitioner under Section 6 of the RTI Act on 20.05.2022 with the Public Information Officer, University Grants Commission seeking the following information:-

i. Information of students who completed MSC in Chemistry through distance learning from 2007 and 2011 from Vinayak Mission University ii. Certified List containing roll numbers, names and fathers names iii. CC of examination dates and schedules for 1st and 2nd year of MSC Chemistry of 2007 and 2014 iv. Information of experimental and practical exam through distance learning for 2007 and 2014.

3. Since no reply was received by the Petitioner against his RTI Application under the prescribed time limit as given under Section 7(1) of the RTI Act, the Petitioner filed a first appeal against the RTI Application.

4. In the interregnum, the PIO, UGC forwarded the RTI application to the CPIO/Registrar of the Respondent University for providing the requisite information /documents directly to the applicant under intimation to the UGC. The PIO provided a reply dated 06.10.2022 to the Petitioner against his RTI Application stating the following:-

"The University wishes to emphasize that the information sought by you are university confidential records belonging to various students.. In view of the above. disclosure of such records are excluded under Section 8(1)(J) of the RTI Act 2005 since it will sent no significant public interest.

RTI Act 2005 under section 8(1) (J) which cited, " information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be. is satisfied that the larger public interest justifies the disclosure of such information"

Hence, the University is in view of that the information as sought by you need not be furnished and we always respond to our student grievances and direct queries, not to any outsider' third party.

Further, it is to be mentioned that there is provision to avail the verification report of a particular student or students if it is requested Through a letter either by the respective student or the government/ private establishment /educational institutions concerned for the purpose of verifying the genuinity of the same after the completion of due procedure as prescribed by the University."

5. The Petitioner, not having received the reply of the PIO/Registrar of the Respondent University dated 06.10.2022 approached the Ld. CIC stating that no information had been provided to the Petitioner either against his RTI Application dated 20.05.2022 or the First appeal dated 01.07.2022. A notice of hearing was issued by the Ld. CIC on 09.05.2023, pursuant to which the UGC sent a reminder to the Respondent university to provide the requisite information to the applicant on urgent basis. A letter was subsequently received by the Petitioner from the PIO, Respondent university reiterating the contentions raised by it vide reply dated 06.10.2022. The Registrar also stated that the RTI Application was received by it only on 13.09.2022, and the Respondent accordingly sent the reply dated

06.10.2022, which was well within the prescribed time limit of 30 days.

6. The Ld. CIC while disposing of the appeal of the Petitioner held as follows:-

"In the light of the facts available in the file and the arguments presented by both the parties during the hearing, it is clear that in

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top