Upgrad LLM

rti application is not tenable in respect of information ava


RTI application is not tenable in respect of information available on website of public authority

Central Information Commission (CIC): CIC has held that, “Once information is made public it cannot be said to be held by or under the control of public authority in terms of section 2(j) of the RTI Act, because then the citizens have direct access to such information.” CIC was responding to an appeal wherein it was alleged that information rendered by CPIO, Staff Selection Commission, Karnataka-Kerala Region regarding recruitment of Assistant Grade III in General Depot, Technical and Account Cadres and Hindi posts (AG II and Typist) in FCI examination, 2012 was “incorrect and incomplete”. Earlier the appellant had approached the Staff Selection Commission seeking certain information (rank list, cut off marks, list of appointed candidates, marks secured by her in compute proficiency test etc.) in the said examinations. It was contended by the appellant that CPIO had denied providing some of the information on the ground that it was available on website. The applicant further submitted that it is her right to get the information from the public authority irrespective of the fact whether such information is available on the public domain or not. This contention of the applicant was rejected by the Commission which held that public authority has already made the said information public by placing it on their website. (Reshmi C.K. v. Staff Selection Commission, Karnataka-Kerala Region, Case No. CIC/SM/A/2013/000853¬SS, decided on April 21, 2014)



Completely erroneous judgement.

Information, in this case, is material record on paper which is both held by and under the control of Public Authority.  The website contains the data uploaded by the Public Authority.

Even if it is assumed that the information is the one available on the website, the website is held by and the control of Public Authority.  The Public Authority can at any point of time delete or alter the information on website.  It can also close the website at any time.  website can be hacked by the hackers and incorrect information may be posted on the website or the access is blocked by the hacker.  In such a situation the information available as a record on paper or in the form of electronic record held securely by the Public Authority which cannot be accessed by any person other than the Public authority.  Getting the certified copies of such information is the right to information as mentioned in section 2(j)




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