Information regarding recruitment to the post of Controller, INDO-US S&T Forum - His qualification is awarded from an overseas university but he is not in a position to provide the transcript of the degree certified by AIU - CIC: It's personal information
12 Jan, 2023Information with regard to recruitment of Shri Rajesh Arya to the position of Controller, INDO-US S&T Forum claiming that the selected candidate did not possess valid qualification as per the recruitment rules - His essential qualification is awarded from an overseas university but he is not in a position to provide the transcript of the degree certified by the AIU - CIC: The FAA failed to issue a speaking order; As far as the RTI Act is concerned personal information of a third party cannot be given
Information Sought:
The Appellant has sought the following information with regard to recruitment of Rajesh Arya to the position of Controller, INDO-US S&T Forum:
1. Provide a copy of the list of applicants shortlisted for the position of Controller, INDO –US S&T Forum.
2. Provide copies of the regret/ declaration email/ documents, if any, from the applicants who have not joined INDO-US S&T Forum from the selected list.
3. Provide the copies of the essential qualifications acquired by Rajesh Arya after joining Forum for the position of Controller.
4. And other related information.
Grounds for Second Appeal
The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant was not present at the VC venue despite due service of notice on 06.12.2022 vide speed post acknowledgment no. ED247065177IN. The CPIO submitted that a suitable reply was given vide letter dated 01.09.2021.
Observations:
Based on a perusal of the record, it was noted that the CPIO vide letter dated 01.09.2021, replied to the appellant and informed in respect of point no. 1 that the short-listed candidates included Mr. Rajesh Arya. In respect of point no. 2 it was replied that the Forum did not contact any other applicant. In respect of point no. 3 and 4 of the RTI application it was replied that the information sought is personal information and its disclosure has no relationship to any public activity or interest in terms of Section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act, 2005. Hence the information was not disclosed. In respect of points no. 5 to 8 detailed information was given alongwith the proper hyperlink where details are available.
The FAA vide order dated 10.11.2021 disposed of the first appeal and held that the reason stated by IUSSTF for withholding the sought for information is not tenable. The CPIO, IC Division was directed to ensure that IUSSTF provides all information which is not within the exempted clause (under RTI) to the appellant within 10 days from the receipt of the order. The CPIO submitted during the hearing that on 22.11.2021, the FAA’s order was complied with.
The appellant in his second appeal dated 21.12.2021 submitted that after a lot of follow-ups, he had not received an appropriate response to his RTI related to the recruitment of Controller position at Indo-US Science and Technology Forum. This is totally against the recruitment rules and the selected candidate i.e Mr. Rajesh Arya does not have the valid qualification for this senior position.
His essential qualification is awarded from an overseas university but he is not in a position to provide the transcript of the degree certified by the Association of Indian University (AIU). The appellant may note that challenging someone’s appointment is to be done before the proper forum as per relevant law. As far as the RTI Act is concerned personal information of a third party cannot be given. It is also important to mention here that the FAA failed to issue a speaking order, however, the directions given were duly complied with by the CPIO vide letter dated 22.11.2021.
Decision:
In view of the above observations, the Commission finds no scope for providing any relief to the appellant.
The appeal is disposed of accordingly.
Vanaja N. Sarna
Information Commissioner
Citation: Pradeep Kumar Mishra v. Ministry of Science and Technology, Department of Science & Technology, File no.: - CIC/MOSAT/A/2021/661862; Date of Decision: 15/12/2022