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CIC/SA/A/2016/000449

Mohd Naushad Uddin v. PIO, School of Open Learning

Important Dates and time taken:

RTI : 27.08.2015 FAO: 27.11.2015 SA : 18.01.2016

Direction Hearing : 23.1 2.2016 Decided on : 23.1 2.2016

Parties Present:

1. Appellant: Absent.

Public authority: Dr. Dinesh Kumar Gupta and Mr. O.P. Tanwar, PIO present.

FACTS:

2. The appellant in his RTI application sought the following information:

a) Whether the Hon’ble minister has obtained the B.A. Degree in 1996 and passed the B.Com part I in 1994 from Delhi University or not.

b) If Hon’ble Union Minister has passed the B.A. or B.Com Part I from Delhi University, photocopies of her Hall Ticket and Mark sheets should be provided.

c) If Hon’ble Union Minister has not obtained any degree from the university but only enrolled herself at the Delhi University, then photocopies of her admission form along with her enrolment number and other relevant details should be provided.

d) Copy of the report given by the University, showing that the Hon’ble Union Minister was enrolled with the university in 2013 but did not give any examination.

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3. The CPIO denied information on 28.09.2015 under section 8 (1) (j) and (e) of RTI Act. The FAA upheld the information provided by the CPIO. Hence, the appellant approached the Commission.

4. The appellant Mohd. Naushad Uddin in his second appeal prayed the Commission to institute an enquiry into unjustifiable and illegal rejection of information sought by him. He strongly contended in a lengthy draft of second appeal that the educational qualification of a student cannot be treated as personal information of that student. He also argued that the degree awarded by the institution to a student cannot be considered as information given by the third party because it is the institution that gives degree to the student. All the information sought was supposed to have been given by the public authority to the student and not vice versa. Hence appellant feels strong need of an enquiry into illegal and unreasonable rejection of his RTI request. The appellant relied upon the order of the learned Central Information Commissioner Sri O. P. Kejariwal in case no. CIC/OK/A/2008/00500 dated 25 TH September, 2008 wherein it was held that the educational and technical qualifications of an individual were in the public domain and hence the information sought should be provided.

5. The CPIO, Mr. O.P. Tanwar submitted that considering that it was third party information, he consulted Hon’ble Union Minister Mrs. Smriti Irani about the disclosure, who in her response raised objection against disclosure and requested the public authority not to reveal her educational qualification. The CPIO pleaded that information sought was given by the former HRD Minister was in fiduciary capacity and hence he could not divulge the same as per Section 8 (1) (e).

6. Then the question before the Commission is whether the appellant is asking information which is given by the then student (Hon’ble Union Minister Mrs. Smriti Irani) to the School of Open Learning or whether School of Open Learning has given the degree to its student, who is now Hon’ble Union Minister Mrs. Smriti Irani. To find answer to this question it is necessary to verify the

2 records. Hence, the Commission summons the concern records and direct Mr. O.P. Tanwar, PIO to produce the registers and records containing details of educational qualifications accorded to the student (Mrs Smriti Irani) which sought by the appellant, on 29.12.2016 at 2:30 p.m. The Commission also directs PIO to inform the Commission in how many cases they have refused to give degree related information under RTI Act in during 2016.

Sd/-

(M. Sridhar Acharyulu) Central Information Commissioner Authenticated true copy

(Dinesh Kumar) Deputy Registrar

Copy of decision given to the parties free of cost.

Addresses of the parties : 1. The CPIO under RTI, Assistant Registrar (Admn), School of Open Learning, (Campus of Open Learning), University of Delhi, 5 Cavalry Lane, Delhi-110007.

2. Shri Mohd. Naushad Uddin, Near Rabbani Clinic, Ansar Nagar, Pandarpala, PO-B Polytechnic, Dhanbad-828130, Jharkhand.

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