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TMI Blog2012 (4) TMI 640X X X X Extracts X X X X X X X X Extracts X X X X ..... him in the Office of Public Information Officer of petitioner (RPSC) on 06/02/2008 demanding certain informations with reference to process of selection held by RPSC for the post in question. It is relevant to quote six informations desired by respondent-1 ad infra: These informations were not furnished by Public Information Officer within thirty days; hence appeal U/s 19 20 of RTI Act was preferred by respondent-1 before the appellate authority. From the material on record, the informations at S.No.1 6 were made available to respondent-1 vide letter dt.26/03/2008 and as regards informations at S.No.2 to 4, it was informed that these are third party's information and in the absence of third party's consent, that cannot be made available and as regards information-S.No.5 it being confidential cannot be made available; and accordingly appeal preferred by respondent-1 came to be dismissed against which respondent-1 preferred further appeal before the Chief Information Commissioner and the objection raised by the petitioner (RPSC) before the appellate authority was that information desired by respondent-1 under the Rules of Public Service Commission, cannot be ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Meena (CWP-2461/2011). While supporting the order of appellate authority, Counsel for respondents submits that no error has been committed by the authority in passing the order impugned, and in absence of there being any apparent perversity, it does not warrant any interference by this Court. This Court has considered rival contentions of the parties and with their assistance, examined the material on record. Before examining the controversy raised, it would be necessary to first look into the statement of objects reasons, the Preamble and relevant provisions of the RTI Act, 2005, which has been legislated by Parliament in order to ensure smoother, greater more effective access to information and provide an effective framework for effectuating the right to information recognized U/Art.19 of the Constitution and taking note thereof, the Preamble of RTI Act declares the object sought to be achieved ad infra: An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities in order to promote transparency and accountability in the working of every public authority the con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rmation available to an examining body in its fiduciary relationship, the exemption U/s 8(1)(e) is not available to the examining bodies; as no other exemption U/s 8 is available in respect of the evaluated answer books, the examining bodies will have to permit inspection sought by the examinees. The question further arose for consideration before Apex Court while applicant who appeared in Chartered Accountants' final examination conducted by Institute of Chartered Accountants of India held in November, 2007 and its result was declared in January, 2008 wherein examinee was not declared successful; hence submitted application seeking information under RTI Act, 2005 and that matter also came up for consideration before Apex Court in ICAI Vs. Shauynak H. Satya (2011(8) SCC 781) wherein scope of exemption U/s 8(1)(e) of RTI Act came to be examined. The Apex Court held that in view of S.22 of RTI Act, provisions contained therein will prevail over the provisions of the bye-laws/Rules of the examining bodies in regard to examinations and as a result, unless public authority is able to demonstrate that the information demanded falls under the exempted category of information as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hand. While sections 3 4 seek to achieve the first objective, sections 8, 9, 10 11 seek to achieve the second objective. However, Section 8 exempts certain information from being disclosed but should not be fettered on the right to information; and among ten categories of exemption from disclosure U/s , six categories described in Cls.(a), (b), (c), (f), (g) (h) carry absolute exemption. The Apex Court in para 26 of the decision in ICAI Vs. Shaunak H.Satya (supra) observed ad infra: 26. Among the ten categories of information which are exempted from disclosure under section 8 of the RTI Act, six categories which are described in clauses (a), (b), (c), (f), (g) (h) carry absolute exemption. Information enumerated in clauses (d), (e) and (j) on the other hand get only conditional exemption, that is the exemption is subject to the overriding power of the competent authority under the RTI Act in larger public interest, to direct disclosure of such information. The information referred to in clause (i)relates to an exemption for a specific period, with an obligation to make the said information public after such period. The information relating to intellectual prope ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad participated in the process of selection and whose names finds place in the order of merit, that is the way by which third party identification could be withheld and was not required to be made available to the respondent-1; however, under provisions of RTI Act, even third party information can also be made available but after due compliance of S.11 of RTI Act. However, in the instant case, since names address of applicants who were finally selected in the process held by the PSC were not required to be made available and the identity of third party was not to be disclosed, it was not required to comply with S.11 of RTI Act. As regards individual details of such female candidates in general category holding Gold medals and qualification of Ph.D., B.Ed., SLATE, the authority made it clear that if such information being not consolidated maintained but has to be made available from the Forms of individual applicants, that can certainly be denied in view of S.7(9) of the RTI Act. However, contention advanced by the petitioner about their Regulations which restricts them from making such information available to the private party,it is made clear that in view of S.22 of RTI ..... X X X X Extracts X X X X X X X X Extracts X X X X
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