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Ajay Kumar   21 June 2020

Educational qualification docs. under RTI ACT of Govt. employees

Dear Sir, Please provide me information that can any Third party can demand educational qualification documents Xerox copy of all employees selected in recruitment of Govt. employees? is it necessary to provide this information to third party? please guide. Thanks


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 14 Replies

Dr J C Vashista (Advocate)     21 June 2020

It is barred u/s 8 of the RTI Act, 2005.

G.L.N. Prasad (Retired employee.)     21 June 2020

The Supreme court has ruled that educational qualifications are personal information of the citizen and exempted from disclosure under Sec. 8 1 (J) of RTI Act.

However, there are never any exemptions if the information is solicited in larger public interest.

In the case of those employees who submitted fake certificates, if the citizen is having perfect/pucca information, the process is filing a complaint on such fake qualifications praying for investigation and after one-month filing RTI application and seeking information on the status of such complaint.

When a citizen can not get the qualification even--forget about a certificate.

Just search in google about such judgments, stand on an application seeking copies of PM 's educational qualifications.

P. Venu (Advocate)     21 June 2020

You can seek senirity list of the concerned employees. Generally senirity list incorporates educational qualifications.

1 Like

G.L.N. Prasad (Retired employee.)     21 June 2020

Yes. You may try.  If they are too smart, they may severe personal information part.  There is also another supreme court judgment that states that employees' details are  internal related to Public authority and is not connected to public activity.

Ajay Kumar   22 June 2020

Dear Sir, Currently I am working in Govt. Deptt. and our head office send mail/letter to all selected candidates to disclose information or not to disclose, they want reply from our side. What reply we can send? we should disclose it or can say in written that this information is our private and under this act we are not bound to provide this information to third party? If we reply in written and not send then there is any legal obligation in future. Please suggest. Thanks

G.L.N. Prasad (Retired employee.)     23 June 2020

Without any iota of doubt, PIO can deny information stating that educational qualification certificates are treated as personal information of employees and under Sec. 8 (1) (j) providing of information is exempted as the information is personal in nature and the matter is in between employer and employee and there is no larger public interest.  It is always prudent that comments of such a third party (including an employee) have to be taken under Sec.10.  I am surprised after nearly 15 years of enactment of the RTI Act, when there are hundreds of decisions/judgment/workshops/seminar PIO is seeking guidance from others.  Search in google and find out those SC judgments as to what amounts personal information as per precedents, information of qualification certificates denied by SC ec.,

Please try to post designation, context.  For such simple query, there are number of posts.  Invariably follow a website dedicated to RTI as you are PIO, as those websites guide PIOs in RTI Act. Ex.RTIorgindia.

P. Venu (Advocate)     23 June 2020

The settled law is that such information is personal (third party)  information and need not be disclosed unless there is  larger public interest in disclosure which outweighs the harm to the protected interests.

Ajay Kumar   23 June 2020

Dear Sirs, Thanks for your support.

G.L.N. Prasad (Retired employee.)     23 June 2020

Mr.Ajay members have not supported you.   Being a PIO, you should guide other members as you might have studied the simple act and provided/denied to thousands of application.   Please improve job knowledge as there are three to four sections alone that is relevant to your statutory obligations.  Never, Never deny information on genuine cases.  Either provide the information or deny information stating such clause and justification but never cast aspersions on citizen applicants.  Who knows tomorrow you may be in such a position.

Ajay Kumar   23 June 2020

Dear Sir, I am not a PIO, I am a general employee. Only wants information regarding a mail received from my Head Office to provide information or deny it in written. As I have no knowledge regarding law of RTI Act so I needs support for it. Thanks

G.L.N. Prasad (Retired employee.)     24 June 2020

Anyone whose assistance PIO has to take for providing the information is being treated as PIO under RTI Act.

P. Venu (Advocate)     24 June 2020

You may inform of your 'no consent'. Let the PIO decide at his discretion.

Veda. C   16 September 2023

Sir, I am working as a contractual academic consultant at the university. My department received multiple RTI applications for my attendance and educational qualifications. Up until this day, a single person sent nearly 40 applications per month.

For the first RTI university to ask about my willingness to disclose the details about me to a third party, I wrotely said no, don't disclose the details. but the university got a lot of applications, like my Ph.D. degree details, my behavior, my every-month attendance, and my particular day of the month attendance.

I told the registrar that these details come under RTI Section 8(j). Please reject the RTI request from that person; he has a motive to harass me at work. but the university said it was our duty to do it.

The university replied to every RTI application by the same person.

What can I do to phase out this situation and solve the problem? Please help me.

 

Sudhir Kumar, Advocate (Advocate)     23 September 2023

for denial of information as 3rd party there is an elaborate procedure under section 11 RTI Act.

You cna forward the information to the CPIO alongwith address of 2nd party (whose information is sought by 3rd party)


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