TMI Blog2008 (12) TMI 543X X X X Extracts X X X X X X X X Extracts X X X X ..... ther details which are personal to him can be said to be part of personal information. But the marks obtained by candidates to determine the merit of a candidate for the public post, thus cannot be said to be personal information. The petitioner is bound to maintain the record of the selection process so as to instill confidence of all the candidates. The marks obtained by each of the candidate cannot be said to be a personal information which would cause any unwarranted invasion of the privacy of the individual. Therefore, we do not find any merit in the said argument. Thus we do not find that disclosure of such information is exempted from disclosure under Section 8 of the Act. - - - 20566 of 2008 - Dated:- 8-12-2008 - Hemant Gupta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... policy criteria adopted by the petitioner. However, the following information ordered by the Central Information Commissioner is disputed by the petitioner in the present writ petition. 1. The marks obtained by the last selected candidate under various heads (without disclosing the name). 2. The marks obtained by the appellant under various heads. 3. If some marks have been prescribed for the performance, the marks secured by the appellant during the last four years against the performance. 4. Learned counsel for the petitioner has vehemently argued that such information was not sought by the applicant in his application under the Act and that the information sought is exempted from disclosure in terms of Section 8(1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... body owned, controlled or substantially financed; (ii) non-Government organisation substantially financed, directly or indirectly by funds provided by the appropriate Government; 8. Exemption from disclosure of information : xxxx xxxx xxxx (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; xxx xxx xxx xxx (j) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Cent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not such juristic entity. If the legislature intend to prohibit disclosure of information available to the public authority, it could have very well used the word public authority in lieu of person. But the use of word person in Clause e connote that the information which has come to the knowledge of a man or woman in confidence alone is sought to be exempted. The other aspect is what information can be said to be available in fiduciary relationship. It is difficult to imagine any information which comes to public authority on account of fiduciary relationship. A juristic entity such as the public authority carries out its affairs in accordance with established procedures. In normal circumstances, all orders, commands, directions, aff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the marks obtained cannot be said to be available to a public authority as in fiduciary relationship exempted from disclosure under Section 8(1)(e) of the Act. 10. The argument that information claimed is personal information, the disclosure of which has no relationship to any public activity or interest is again mis-conceived. The applicant has sought information in respect of performance of the candidates for the public post. The information sought is not personal information. The medical history of the candidate, the assets owned by the candidate, or such other details which are personal to him can be said to be part of personal information. But the marks obtained by candidates to determine the merit of a candidate for the public post ..... X X X X Extracts X X X X X X X X Extracts X X X X
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