• RTI application rejected under RTI Section 8 1e

I had requested for the information under RTI regarding the genuiness of Graduation Marklists of one person to Rajiv Gandhi University of Health Sciences , Karnataka but was rejected with quoting section 8 -1e. Is this ok.? What should be my next step.
Asked 4 years ago in Civil Law

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14 Answers

You have done wrong approach.RTI is not to issue certificate as to whether any documents is genuine or not. It is not the investigating agency. It is entrusted with work of  providing information as to any fact, and copy of original documents.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

See the PIO can reject on third party ground though you can appeal the order to the First appellant authority stating that you need that for public good at large.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

The Right to Information Act, 2005, contains several exemptions which enable public authorities to deny requests for information. ... Section 8(1)(j) provides protection to personal information of individuals from disclosure in the absence of larger public interest.

 

2) you can file appeal against said order before SIC 

Ajay Sethi
Advocate, Mumbai
94718 Answers
7530 Consultations

5.0 on 5.0

A first appeal should be filed against this order. If they reject it too file a complaint in the state commission.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Dear Sir,

You may prefer appeal and you may get justice only before Commissioner of RTI as following provision has given wide discretion and you can establish in your favor.

section 8 - 1(e) of RTI  Act. information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

- As per Section 8(1) of RTI Act,2005  , 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 . 

- Hence, it rightly rejected , as the genuniess of educational certificate containing mark sheet of others ,cannot be disclosed by the act.

- If you are not satisfied with their response, then you can file an Appeal under section 19 of the RTI act.

Mohammed Shahzad
Advocate, Delhi
13222 Answers
198 Consultations

5.0 on 5.0

The ground of rejection is not legally tenable and else you have the option of preferring an appeal  before the departmental appellant authority.

Thereafter the second appeal lies before the Information Commissioner. 

 

Devajyoti Barman
Advocate, Kolkata
22822 Answers
488 Consultations

5.0 on 5.0

Section 8(1)(e) in The Right To Information Act, 2005

(e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information. 

If the first appellant authority has rejected then you have to file Second Appeal Information Commission enclosing copy of all previous communications or you can also meet chief information commisioner  and raise the matter before him.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If you are not satisfied with the reply you can file a first appeal against the said order of RTI

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Hello,

You can file an appeal challenging the same .

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Dear Sir,

Section 8(1)(d) requires that such information should not be disclosed unless the competent authority is satisfied that larger public interest warrants the disclosure of such information

Are officials required to give information about themselves and their families under the law? Can the public request this kind of information? Should it be given?

Officials are not required to provide private or personal information which is exempted under Section 8(1) (j) of the Act. Again, this must be decided on a case to case basis (as has indeed been the case with the decisions of the CIC). If public interest is served by disclosing such information then it must be given.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Third party information may not be provided under RTI.  Can try by filling appeal.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

You can file application before first appellate authority under RTI act. 

Or you can change your query and ask for details of mark list of that complete batch. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

If you are not satisfied with the decision given to you then you may prefer an appeal against the decision on this.

T Kalaiselvan
Advocate, Vellore
84919 Answers
2195 Consultations

5.0 on 5.0

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