Educational Records and caste certifcate shall not be disclosed under RTI

In Civil law

---

Disclosure of educational records to third party:- The object behind the right to information act is to preserve the democratic idea and to create a culture of transparency and accountability in government and in its institutions to prevent corruption. Article 19(1)(a) of the Indian Constitution provides freedom of speech and expression to all of its citizen. This right constituted basis for enactment of RTI Act. Only those information are accessible through this Act which has public importance, private information is protected under section 8(1)(j) on the RTI Act.

No one can access private information of the individual unless its disclosure is necessary in the interest of public. The exemption under Section 8(1)(j) is available in respect of “personal information” of an individual. For the exemption to come into operation, the personal information sought :-

1.    Should not have relation to any public activity, or to public interest .

2.    Should be such as to cause unwarranted invasion of the privacy of the individual.

Obtaining information towards Roll no., mark sheet, degree certificate and photocopies of all the educational records of individual is exempted under section 8(1)(j) on the RTI Act thus it cannot be disclosed through RTI. University has fiduciary relation with the students so it is primary duty of the university to keep all educational records of its students in private and not disclose information regarding such records to the third person under RTI Act.

In Mr. Neeraj Kumar vs Jnu (Appeal No. CIC/SG/A/2008/00248/) it is held by the Chief Information Commissioner that degree, educational records and caste certifcate shall not be disclosed under RTI but when that person holds a public office, getting salary from the public exchequer and discharging public functions in a public institution, therefore whatever documents he/she has submitted in pursuance of his/her appointment to public office in a public institution falls in public domain and all such document submitted by him shall be disclosed under RTI. Exemption granted under section 8(1)(j) will not be applicable

So it is clear from above discussion that degree, mark sheet and roll no etc. Cannot be disclosed under RTI to the third person having no lawful interest to its disclosure. It may be disclosed in the larger public interest when such disclosure is connected with the public officer.