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nibinjos
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i asked for previous year question paper by NFL. But they replied Question papers are property of Third Party and cannot be provided.

what should i do. should i go for first appeal. will there be any use submitting first appeal

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First Appeal dt.2nd Jan, 2022 under RTI Act

Before: Appellate Authority, RTI....................NFL.................

Against: CPIO, NFL,.............................

Appellant:

Brief facts:  The applicant on.................sought copies of previous question papers.

The CPIO has denied the information that previous question papers are Third party information.

The appellant submits the necessary stipulation relevant: 

Section 7: Disposal of request

(1) Subject to the proviso to sub-section (2) of section 5 or the proviso to sub- section (3) of section 6, the Central Public Information Officer or State Public Information Officer, as the case may be, on receipt of a request under section 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9:

The CPIO has not stated the specific clause either in Sec.8 or Sec.9 subsections and  denied information showing basic and fundamental  knowledge in the relevant first section applicable for performing his duties as PIO.

Section 11: Third party information

(1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information:

Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party

The above procedure was laid down under RTI Act, which CPIO has to explore like seeking that unknown third party, that gave previous year questions papers to CPIO to keep it confidential after the examination, and CPIO has to seek his comments before denying information.

CPIO has not applied his mind while denying information, hence this first appeal

Grounds for Appeal:  The denial is malafide and unjustified and illegal as CPIO has neither mentioned such exemption in RTI Act nor followed the laid down procedure for Third party information if he imagines that previous year question paper is third party information, after 16 years of enactment of RTI Act.

PRAYER: Appellant prays for directions to provide the information as expeditiously as possible free of cost as the denial is not justified under RTI Act as stated above.  Please depute PIO to a suitable training on RTI in larger public interest.

Appellant.

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