Jump to content

Can such information be denied under RTI ?

Recommended Posts


Came across this very strange case, while going through the CIC orders.

Found i interesting to mention on the forum for further discussion of members.




Applicant filed RTI with IIT Mumbai in April 2010 asking for:


a) Provide*certified* list*of*committee*members*of* IIT*JEE*2010*representing*each* IIT.*Also



b) Provide*certified*copies*of *representations*received*regarding*errors* in*paper*of * IIT*JEE

2010. *Also*provide* copies*of *decisions* taken* to*normalize* the*effect * to* such*error * in


c) Provide*certified*copies*of*file*with*file*notings*where*the*decision*to*delete*any*centre()**as

designated*centre*for*conduct*of*IIT*JEE* *2010*was*taken.* *Kindly*also*provide*copies*of


d) Provide*certified*copies*of*minutes*of*meeting*of*IIT*JEE*2010*committee.


The Public Information Officer, IIT Mumbai replied:


a) &*d)*Application*has*been*forwarded*to*IIT*Madras.

b) These*details*can*not*be*provided*as*these*are*personal*information*of*candidates*and*can*not



c) Decision*to*add*or*delete*any*centre*for*JEE*is*taken*by*Chairman*and*Vice*Chairman*of*JEE





Further, the Public Information Officer of IIT Madras replied (for the transferred part of the application):







The representation of IIT Mumbai and Madras, during the second appeal, went off at an tangent:


a)The*JEE*examination* is*conducted*on* the*second*Sunday*of *every*April.*The*operations* for* the



b)The* JEE* committees * among* other * things, * discusses * the* detailed* logistics * of * holding* the* JEE



c) The*modus * operandi * regarding * question* paper * setting, * production* – * printing, * proof * correction,

bundling,*packing*etc.,* transport* to*various* Institutes*and*such*other*details*as*associated*with





JEE*examination.*For*example*even* the*dates*of *shipment *of *confidential *materials*cannot*be



e)Similarly, * the * details * of * our * computer * servers * etc * used * for * confidential * operations * and * data


f) The*JEE*committee*minutes*are*circulated*only*to*the*committee*members*with*mutual*trust*that*it*is





h) It*may*be*mentioned*here*that*as*observed*in*the*Right*to*Information*Act,*2005,*Sec*8,*pg*39,*para

3,* in* the*case*of*Selection*of*candidates,* that* *"Recommendations*of * the*Committees*may*be




i) Further,*it*is*also*the*case*that*the*Sections*8*(1)*(a),*8*(1)*(g)*and*8*(1)*(d)*are*applicable*in*this



and the CIC ordered:


The*Commission*on*careful*consideration*of*the* *submission*of*the*Respondent*is*of*the*opinion*that

the*disclosure*of*information* *containing*details*as*given*in* *points*b,*c,*d,*e*is*indeed* *confidential*in



there* *happens* to*be*a* * *breakdown*of * the*examination*system. * * * It * *was*also*observed* that * the








How are minutes of meeting "fiduciary" in nature and covered under 8(1)(e) ?

Does the suo-motu disclosure of IIT say under Sec 4(1)(b)(viii) that such minutes will not be disclosed ?

How does 8(1)(a) come into the picture ? What imaginary economic interests of the state are affected by disclosing the information asked by the applicant ?

How does 8(1)(g) come into play when the IIT JEE exam was over and finshed even before the RTI Application was filed ?


This decision at least beats me completely.

There is something much more here than meets the eye.

Either someone trying to hide a big blunder or trying to shield a corrupt practice.

Share this post

Link to post
Share on other sites
Atul Patankar

As reported at deccanherald.com on 07 February, 2011



The minutes of meetings for the preparations of IIT Joint Entrance Examination cannot be provided under the Right to Information Act as their disclosure could result in ''breakdown'' of the examination system, the Central Information Commission has held.


The transparency panel while hearing the plea of an RTI applicant who sought, besides other details, a copy of the minutes of the JEE committee meetings of 2010 agreed with the argument of IIT-Mumbai that it contained crucial details about 2011 examinations which are yet to be held.


"The modus operandi regarding question paper setting, production -- printing, proof correction, bundling, packing etc., transport to various institutes and other such details associated with these operations are a part of the minutes as are software/server details for result preparation and counselling.


"These are highly confidential in nature and other than finer details, may not change on yearly basis," the IIT said.


The premier engineering institute said disclosure of information of this nature could lead to "incitement of offence", like tracking and disrupting distribution of question papers. It also said the details are intellectual property which could harm competitive position of third party.


"The Commission is of the opinion that the disclosure of the information... is indeed confidential in nature the disclosure of which is denied as it has the potential to lead to incitement of an offence and may also adversely affect the economic interests of the state if there happens to be a breakdown of the examination system," Information Commissioner Annapurna Dixit held.


She also pointed out that disclosure would not serve any larger public interests hence the minutes could be kept under wraps but final decisions should be provided to the applicant

Share this post

Link to post
Share on other sites

  • Similar Content

    • ganpat1956
      By ganpat1956
      As the three-day Pan IIT-2006 meet concluded on Monday, nation-building still the overriding theme, alumni spelt out firm plans for campaigns touching on reforms in education and widening the ambit of the Right to Information facility.
      To scale up the Right To Information campaign, IITians will also lobby for including civilians in an auditing process on RTI. Impressed by a move to install a special phone line in Bihar that allows citizens to register RTI requests for Rs 11, IITians will also work towards scaling it up in other states.
      IITians unveil plan-Mumbai-Cities-NEWS-The Times of India
    • ganpat1956
      By ganpat1956
      MUMBAI: The Right to Information Act has come to the rescue of hundreds of IIT research scholars who were unable to get their research grants on time due to an accounting problem.
      The application software cell of IIT Powai has now developed an accounting software to streamline the system after a research scholar used the RTI Act to find out the reason behind the delay in getting his stipend on time.
      Amit Jariwala, an MTech mechanical engineering student at IIT Powai, almost never got his monthly research stipend on time.
      "At times it was delayed by almost a month. When we inquired with the accounts department, we were told that they did not get the attendance sheets on time. They also said that since many did not submit the attendance sheet on a particular day, the calculation became a time-consuming exercise,"Jariwala said.
      There are around 1,200 research scholars affiliated to the institution who avail of stipends ranging from Rs 5,000-6,000.
      Many students who come from middle-class families subsist on this monthly stipend and if it gets delayed they find the going tough for the rest of the month.
      Jariwala, under the guidance of his head of the department, Professor S K Maiti, eventually decided to file an RTI query. In his RTI query, he asked the procedure laid down by the institute for the payment of the stipend.
      "We got a reply which gave administrative details, but it did not have a time limit set for disbursing the grant,"Jariwala said.
      This, he says, was a systemic lacuna. "We then approached the dean and the registrar to find a solution to the problem."
      In the meantime, research students also checked accounting methods used by other institutions. "We found that while IIT Kanpur used to give an advance stipend, the Industrial Research and Consultancy Center (IRCC) had computerised their accounting system. We submitted both the models to the institute,"Jariwala said.
      After this, the deputy registrar sent a circular to the accounting department to look into the matter. A proposal was then sent to the application software cell to design a 'time bound software'.
      "The ASC is now giving finishing touches to the software and it will be implemented in the coming months,"Jariwala said.
      RTI activist Shailesh Gandhi, an IIT alumnus, said that the premier institution acted proactively to the RTI query.
      "The department should be commended for taking the query in the positive spirit and acting on the systemic loophole,"Gandhi said.

      IIT scholar uses RTI to crack stipend delay-Mumbai-Cities-NEWS-The Times of India

  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy