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Regarding Personal Infromation


Amartya Sharma

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Amartya Sharma

Hello,

I asked for a marksheets of Professors of an institute, which they denied citing the reason its personal in matter.

 

I understand that it is personal but if a person is Professor, do I have right to know his qualification as exception?

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MANOJ B. PATEL

Dear member,

You can ask for qualification of Professor if he is not serving in any private college.

Edited by MANOJ B. PATEL
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Amartya Sharma
Dear member,

You can ask for qualification of Professor if he is not serving any private college.

 

Thank you Mr. Manoj. I asked for Principals qualification of one particular university colleges. However PIO denied stating it personal in nature and third party. How to proceed ahead?

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Prasad GLN

The information is between the employer and employee and can not be divulged, unless you establish larger public interest.

However, if you doubt that it is fake, establish some primary evidence before FAA atleast.

(Almost all professors marks are less, as it is very hard to get more than 65% in those days and now getting even 90% is not difficult. Those who study can not fare better than who gamble,chose and focus only on important questions. But it must be agreed that through experience they can become experts and became Professors. Are you a lecturer working under him in the same college and scored better marks ?)

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MANOJ B. PATEL

There is a name plate outside principal's office showing e.g. XYZ, M.Com. LLB. Where is the question between employer and employee about disclosing qualification as it is open.

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Prasad GLN

The query is on Marks sheet. Simple qualifications are not confidential under RTI but mandatory voluntary disclosures.

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RAVEENA_O

There are two different situations involved in this case.

 

[1] Copy of certificate/mark sheet submitted to a Recruiting Authority in response to recruitment notice is a part of public activity of recruitment having larger public interest and therefore do not qualify for exemption under Section-8(1)(j) of the RTI Act. The certificate of an employee is on record as submitted by him as a prospective candidate for the recruitment, along with his application for recruitment and has become part of the recruitment process, and later become part of service record in post recruitment period. The said marksheet on service record has no relation to his performance in that organization. Another issue is that there shall be no invasion of privacy of an individual by disclosing his marksheet submitted to the recruiting authority in response to recruitment call. Moreover the attainment of a qualification is always considered as a matter of pride in our society and disclosure of the marksheet of such a qualification cannot cause unwarranted invasion of the privacy of that individual. If that is so, the PIO cannot claim exemption for disclosure under personal information [sec-8(1)(j)] on the ground of invasion of privacy.

 

[2] The Second situation is when document created during post recruitment era, while the employee was functioning in the public authority. This issue has come up before Hon'ble Apex Court in the case of Girish Deshpande in which the Court interpreted and defined the term “personal information”. The substantial question of law considered by Apex Court in that case was whether the Information Commission acting under the Right to Information Act, 2005 was right in denying information regarding the personal matters pertaining to service career on the ground that the information sought for was qualified to be “personal information” as defined in clause (j) of Section 8(1) of the RTI Act and held that the performance of an employee/officer in an organization is primarily a matter between the employee and the employer and normally those aspects are governed by the service rules which fall under the expression “personal information”, the disclosure of which has no relationship to any public activity or public interest. Even in such cases, information is required to be disclosed, if larger public interest is established to the satisfaction of PIO/FAA.

 

In view the above, the grounds for your appeal shall be based on how the mark sheet found place in the record of the public authority (university) and the essence of larger public interest in seeking such a mark list.

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MANOJ B. PATEL
The query is on Marks sheet. Simple qualifications are not confidential under RTI but mandatory voluntary disclosures.

 

R/Sir, in post No.3 it is stated by initiator;

 

"Thank you Mr. Manoj. I asked for Principals qualification of one particular university colleges. However PIO denied stating it personal in nature and third party. How to proceed ahead?"

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Amartya Sharma

OK, so Let me make it more simple by explaining the case. Mr. X & Mr. Y are professors in their subjects and also Principal of their campuses coming under the University. Mr. X is 1-2 years senior in experience but having less marks in his PG then Mr. Y. Also in terms of papers published, books authored, research Mr. Y is much ahead of Mr. X and considered as more knowledgeable in the subject. Also Mr. X is not fulfilling criteria of professor but under some scheme of career advancement for people who were appointed in 70's, he was made professor.

 

Both applied for Vice Chancellor position. Search committee recommended Mr. Y on the basis of qualifications and expertise and kept Mr. X on 2nd number. Mr. X is close to ruling party, hence minister ignored Mr. Y and appointed Mr. X Vice Chancellor stating that he is senior.

 

Now me want to make it a case by understanding the marksheets and search committees recomendations. What do you suggest? Interestingly ministry is not sharing search committee reports too even after passing the 30 days timeline. All RTI filed with ministries are not responded for this case.

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RAVEENA_O

The mark sheets produced before the selection committee (here Search Committee) which is relied for the purpose of selection process is a document in public domain and you are entitled to receive it.

 

Similarly, the entire selection committee proceedings are required to be disclosed after completion of the selection process, subject to third party (Section-11) procedure.

 

You may also seek certified copy of Note Sheet containing notings by various officers and the Hon'ble Minister, which culminated into approval / sanction by his Excellency the Governor (or President in case of Central Universities) in appointment of Mr Y as Vice Chancellor of ...... University in the month of ............

 

Follow the RTI Rules, Fee and format of your state or Central Rules.

 

For guidance in writing and submitting RTI Applications, please refer to:

 

HOW TO WRITE RTI APPLICATION

GUIDE IN WRITING GOOD RTI APPLICATION

SUBMIT RTI APPLICATION

CENTRAL / STATE RTI RULES - GUIDE

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MANOJ B. PATEL

The details of the qualification of Government officials is not personal in nature and such can be provided. - CIC decision in, Praveen Sakuja v. Export Inspection Council of India (EIC).

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