CENTRAL INFORMATION COMMISSION August Kranti Bhawan, Bhikaji Cama Place, New Delhi

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1 CENTRAL INFORMATION COMMISSION August Kranti Bhawan, Bhikaji Cama Place, New Delhi Date of Hearing : Date of Decision : Appellant/Complainant : Shri J P Singh F.NO. CIC/YA/A/2016/ Respondent : CPIO, South Delhi Municipal Corporation/ Central Zone Through: Shri Swaran Singh, PIO Information Commissioner : Shri Yashovardhan Azad Relevant facts emerging from appeal: RTI application filed on : PIO replied on : First Appeal filed on : First Appellate Order on : nd Appeal/complaint received on : Information sought and background of the case: Vide RTI application dated , the appellant sought the information regarding recruitment process of Technician Grade IV (Mechanical) conducted by PGIMER, Chandigarh. The PIO replied on The same is reproduced hereinafter: Sr. No. Information Sought Reply Final list declared by the As per the policy of this institute that Institute for the Post of once the selection process is Technician Grade IV completed i.e. the selected candidates (Mechanical) join the department by the specified 1. Written marks and interview time, the marks of written marks obtained by all the examination and interview etc. of all candidates who have appeared in the interview on the candidates who appeared in the written examination and interview will 2. Waiting list candidates, if any be put on the institute website hence

2 prepared by the institute. the required information cannot be supplied at this stage. 3. Copy of qualification certificates of all the selected candidates. It relates to Establishment of Engineering Department, PGIMER Chandigarh. On , the CPIO/Engg. Dept. furnished the following reply as regards point no. 3: The information sought under reference cannot be provided as per the provision of Rule 8(1)(j) of RTI Act 2005, and further selection process of Technician Grade IV (Mechanical) has not yet been finalised. On , the FAA directed the PIO to furnish the marks obtained by son of the appellant. In compliance of the aforesaid order, the PIO furnished details of marks obtained by the son of appellant. Feeling aggrieved over denial of information on rest of the points, the appellant approached the Commission. Relevant facts emerging during hearing: The appellant is absent despite notice. The PIO is present and heard. He states that the information relating to other candidates except for the son of the appellant was withheld as the recruitment process was inconclusive at the time of replying the RTI application. Upon a perusal of the memorandum of second appeal, the grouse of the appellant is noted. Relevant portion is reproduced hereinafter: 3. Vide letter dated attached as Annexure E again totally incomplete information was provided to the applicant which is serious lapse on the part of the institute. It is further submitted that the interview for the said recruitment was conducted on whereas final result was uploaded on internet on with a gap of more than two months. In the said result two posts (of) general category were offered to one OBC and one SC candidate which is totally against the roster points. Upon a query from the Commission, the PIO has nothing substantial to say. It is contended by respondent that the order of FAA was complied with.

3 Decision: The issue herein is no longer res integra. This bench while deciding Anil Kumar versus CPIO, PGIMER Chandigarh [Appeals No. CIC/YA/A/2016/ & CIC/YA/A/2016/000287] came across an identical situation. Relevant portion is reproduced hereinafter: Both the parties are present and heard. The appellant is aggrieved inasmuch the information sought by him was withheld by the CPIO citing the ongoing recruitment process. Per contra, the CPIO states that all the information was furnished to the appellant on after receipt of notice of hearing by the Commission. Upon a query by the Commission as to why information was not provided within the stipulated time frame, he states that as per policy of institute in this regard, the records of recruitment are displayed on website after the selected candidates join. Upon a further query by the Commission, the CPIO fails to point out any clause in Section 8 of the RTI Act, 2005 under which the policy of institute is carved out. Decision: After hearing parties and perusal of record, the Commission is pained to come across the opaque & redundant policy of the institute to keep the records of recruitment as best kept secrets till the time selected candidates join the offered positions. One wonders about the objective of this policy keeping public recruitments away from the public gaze. A policy which defers the disclosure of information till a point of time where any disclosure loses its importance has to be in consonance with the scheme of RTI Act. In the present case, the policy of institute is in direct conflict with the statute and thus, the statute must prevail. The Commission directs the public authority to publicize information relating to all of its recruitment processes ie. To say, number of total applicants, marks obtained by all selected candidates at each stage of examination etc. immediately upon declaration of final result of the recruitment without waiting for the selected candidates to join. It is further clarified that any candidate can seek details of his own performance / marks awarded even prior to conclusion of recruitment subject to the exceptions as contained in Section 8 of the RTI Act. Any policy which eclipses the law is non est. The ratio of the aforesaid decision is squarely applicable in the present situation. After hearing the respondent and perusal of record, the Commission finds that had First appellate authority heard the first appeal in

4 a judicious manner, wastage of precious time & energy of everyone involved could have been saved. The Commission directs the respondent to furnish complete information on points 1 & 2. On point no 3, the copies of certificates shall not be disclosed but an abstract of qualifications of the selected candidates shall be furnished to the appellant. The information shall be furnished to the appellant free of cost within 2 weeks of receipt of this order. The appeal is allowed accordingly. (Yashovardhan Azad) Information Commissioner

5 Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission. (R.P.Grover) Designated Officer Copy to:-

CENTRAL INFORMATION COMMISSION August Kranti Bhawan, Bhikaji Cama Place, New Delhi

CENTRAL INFORMATION COMMISSION August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066 Date of Hearing : 21.09.2016 Date of Decision : 21.09.2016 F. No.CIC/KY/A/2016/00391-YA CIC/YA/A/2016/000480 CIC/YA/A/2015/002610