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Prathmesh Singh   26 September 2021

RTI, 2005

Can we ask about the qualifications of a professor of an aided college, in the Right to Information Act, 2005?


 5 Replies

minakshi bindhani   26 September 2021

As per your query
The Right to Information Act, 2005 has been enacted by the Parliament, this Act provides for the right to information for citizens to secure access to information under the control of public authorities to promote transparency and accountability in the working of every public authority.

All Universities and Colleges established by law made by Parliament or by State Legislature or by notification by the appropriate Government or owned, controlled or substantially financed directly or indirectly by funds provided by the Government shall come within the meaning of a Public Authority under this Act.

Furthermore, section 8(1) (j) of the RTI Act provides, regarding personal details of the employees, their educational qualifications, Community and experience certificates, copy of testimonials, property returns filed by the staff members etc. etc., the Commission observed that the same fell in the category of Third Party information which was exempted from disclosure.

However, such Third-party information falls under the expression "personal information", the disclosure of which has no relationship to any public activity or public interest. On the other hand, the disclosure of which would cause an unwarranted invasion of privacy of that individual.

under section 8 of the Act is the rule and only in exceptional circumstances of larger public interest, the information would be disclosed. The expression of " public interest" must be viewed in its strict sense with all its exceptions to justify denial of a statutory exemption in terms of the Act.

Hope it clarifies the issues!
Regards
Minakshi Bindhani

Prathmesh Singh   26 September 2021

A College Professor's Qualifications Affect Large Numbers of Students' Teaching and learning skills.So this personal information should be provided in large public interest?

Pradipta Nath (Advocate)     26 September 2021

Yes you can and moreover in any private college also RTI Act applies as all colleges are under Universities which too are under the UGC.

Prathmesh Singh   27 September 2021

But private college is not a public authority as per definition 2(h) of RTI ACT 2005.

Pradipta Nath (Advocate)     27 September 2021

You need to make application to the UGC. It will be there responsibility to gather information from their recognised Colleges and inform you.

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