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2024 Supreme(Online)(Del) 33463

IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJEEV NARULA, J
RAJEEV KUMAR – Appellant
Versus
CENTRAL INFORMATION COMMISSION (CIC) – Respondent


Advocates:
For the Appellants/Petitioners: Ms. Anju Agrawal, Ms. Manisha Singh, Mr. Abhai Pandey, Mr. Varun Sharma, Mr. Nishant Rai, Mr. Gautam Kumar, Mr. Manish Aryan, Ms. Swati Mittal, Mr. Dhruv Tandon, Ms. Shivani Singh
For the Respondents: Mr. Pritish Sabharwal, SC for R-3, Mr. Rahul Sharma, Mr. Mani Kant S.

Table of Content
1. petition and foi request details. (Para 1 , 2 , 3)
2. arguments for and against thesis accessibility. (Para 4 , 5)
3. court observations on rti act application. (Para 6 , 7 , 9 , 11 , 12 , 13 , 15 , 16)
4. ratio regarding public interest versus commercial harm. (Para 8 , 10 , 14)
5. final decision regarding thesis disclosure. (Para 17 , 18)

JUDGMENT

SANJEEV NARULA, J. (Oral):

1. The Petitioner filed an online RTI application with the Public Information Officer, [“PIO”] of Jamia Millia Islamia University, [“JMIU”] – Respondent No. 3 on 26th March, 2019, inter-alia seeking access to PhD thesis titled as ‘Studies on some nitrogen fixing genes of Azotobacter vinelandii’, [“PhD thesis”] authored by a scholar, Mr. Umesh Kumar Bageshwar. In response, the PIO, vide response dated 14th April, 2019, merely forwarded the reply dated 10th April, 2019, of the Librarian of the University which stated that “the said thesis has been put in absolute safe custody of the Librarian by order of the competent authority of the University,” without providing any response to the request as regards access to the PhD thesis. Dissatisfied, the Petitioner filed a first appeal which also was rejecte

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