Procedure of weeding out of GATE 2009 answer sheets adopted by IIT Delhi - PIO: copies of GATE exams are outsourced to an approved agency for pulping & the particulars of the agency denied u/s 8(1)(d) being confidential - CIC: provide a copy of procedure
10 Jun, 2014Facts
Vide RTI dt 17.5.13, appellant has had sought information relating to the mode of procedure of weeding out of the GATE 2009 answer sheets.
2. PIO IIT Delhi, vide letter dt 17.6.13, informed appellant that though records pertaining to the above were found, as the information sought is confidential in nature, it cannot be provided u/s 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; and (j) of the RTI.
3. An appeal was filed on 25.6.13.
4. AA vide order dt 9.7.13, upheld the decision of the PIO.
5. Submissions made by the appellant and public authority were heard. Appellant submitted that she has not been provided information sought in respect of her RTI and the same has been wrongly denied. PIO clarified that as per IIT guidelines, copies of the GATE exams are outsourced to an approved agency for pulping, after the requisite period is over and the particulars of the agency are confidential and hence were denied u/s 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; of the RTI Act.
Decision
6. The Commission directs the PIO IIT Delhi to provide a copy of procedure prescribed by IIT Delhi for weeding out of the GATE 2009 answer sheets within fifteen days from the date of receipt of the order. The appeal is disposed of.
(Rajiv Mathur)
Central Information Commissioner
Citation: Ms. Pooja Kirti Joshi v. Indian Institute of Technology in File No.CIC/RM/A/2013/001252