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)

Read full judgment here

Central Information Commission
Room No. 305, 2nd Floor, ‘B’ Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi­110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SM/A/2013/000853­SS
Dated;April 21, 2014

Ms Reshmi C.K.
Staff Selection Commission (KKR)

The   present   appeal,   filed   by   Ms   Reshmi   C.K.   against   Staff   Selection 
Commission   (KKR),   was   taken   up   for   hearing   via   videoconferencing   (VC)   on 
03.04.2014 when the Respondents were present at NIC VC facility at Bangaluru 
through Shri S. Gopalan, Regional Director and Shri Paul, Assistant Director. The 
Appellant was present at NIC VC facility at Kozhikode.
2.
The Appellant through an RTI application dated 18.02.2013 sought certain 
information  [like,   rank   list,   cut   off   marks;   list   of   appointed   candidates;   marks  
secured by her in compute proficiency test etc.] regarding Recruitment of Assistant 
Grade III in General Depot, Technical and Account Cadres and Hindi posts (AG II 
and Typist) in FCI examination, 2012.

3.
Since   she   did   not   receive   any   reply   from   the   CPIO,   she   filed   an   appeal 
before the Appellate Authority on 03.04.2013. The Appellate Authority vide his order 
dated 16.04.2013 informed the Appellant that reply has already been sent to her by 
CPIO vide letter dated 13.03.2013. The Appellate Authority also enclosed a copy of 
CPIO’s reply with his order wherein the Appellant was given point wise information. 

4.
The   Appellant   thereafter   filed   the   instant   appeal   before   the   Commission 
alleging that the information given by the CPIO is “incorrect and incomplete” 
5.
During  the hearing, the Respondents  submit  that  they have  informed the 
Appellant that information related to point Nos. 1 & 2 is available on website. As for 
point   Nos.   3,   4   &   5,   they   have   given   factual   information   to   the   Appellant.   The 
Appellant, on her part, insists that she be provided with the information as sought in 
point Nos. 1 & 2 of her RTI application as, according to her, 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.
6.
On   consideration   of   the   submissions   and   on   perusal   of   records,   the 
Commission holds that factual information has been given to the Appellant with 
regard to point Nos. 3, 4 & 5 of her RTI application. As for the Appellant’s demand 
that she be provided with the information in respect of point Nos. 1 & 2 which the 
public   authority   has   already   made   public   by   placing   it   on   their   website,   the 
Commission is of the view that once an 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. 
Therefore the Appellant’s demand here cannot be acceded to. 
2
7.
Appeal is disposed of accordingly.
 (Sushma Singh)
Chief Information Commissioner
Authenticated by
(D.C. Singh)
Deputy Registrar
Address to the Parties:
1. Ms Reshmi C.K.
    Chaithanya House
    Kannankara(PO)
   Post Chelannur (Via) 
     Kozhikode  673 616
       Kerala
2. Central Public Information Officer (RTI)
      & Assistant Director 
        Staff Selection Commission (KKR)
          E Wing, Kendriya Sadan
            Koramangala
           Bangalore 560 034

3.
Appellate Authority (RTI)           
& Regional Director (KKR)
Staff Selection Commission (KKR)
E Wing, Kendriya Sadan
Koramangala
Bangalore 560 034

Print Page