Case Note & Summary
The case involves an appeal by S. Arul Antony, the Public Information Officer of the Teachers Recruitment Board, Tamil Nadu, against a writ order dated 05.09.2022 in W.P.No.23494 of 2022. The second respondent, P. Ramar, sought information under the RTI Act regarding persons who obtained PSTM Certificates (certificates of having studied under Tamil medium). The Public Information Officer initially rejected the application, but the State Information Commissioner, by order dated 26.11.2021, directed disclosure, holding that the certificate is a public document not protected under the RTI Act. The Public Information Officer challenged this order by filing a writ petition, which was dismissed. The present intra-court appeal was filed under Clause 15 of the Letters Patent. The appellant argued that the PSTM Certificate is personal information protected under Section 8(1)(j) of the RTI Act. The court examined Section 8(1)(j) and noted that it exempts personal information only if disclosure has no relationship to public activity or would cause unwarranted invasion of privacy. The court found that the certificate was issued by a competent authority and relates to public activity (education and recruitment), and its disclosure does not invade privacy. The court also noted that the appellant had not demonstrated any larger public interest against disclosure. The court dismissed the appeal, affirming the orders of the State Commission and the learned Single Judge.
Headnote
A) Right to Information - Exemption from Disclosure - Section 8(1)(j) of Right to Information Act, 2005 - Personal Information - PSTM Certificate - The court held that a PSTM Certificate issued by a competent authority is a public document and not protected under Section 8(1)(j) as it relates to public activity and does not cause unwarranted invasion of privacy. The appeal by the Public Information Officer was dismissed. (Paras 1-5)
Issue of Consideration
Whether a PSTM Certificate (certificate of having studied under Tamil medium) issued by a competent authority is 'personal information' protected under Section 8(1)(j) of the Right to Information Act, 2005, and whether its disclosure can be directed by the Information Commission.
Final Decision
The appeal is dismissed. The order of the learned Single Judge dated 05.09.2022 in W.P.No.23494 of 2022 is confirmed. No costs. Consequently, connected miscellaneous petition is closed.
Law Points
- Section 8(1)(j) of RTI Act exempts personal information only if disclosure has no relationship to public activity or would cause unwarranted invasion of privacy
- PSTM certificate issued by competent authority is a public document
- Larger public interest may justify disclosure even of personal information
Case Details
WA No. 1431 of 2023 and CMP No. 13931 of 2023
S. M. Subramaniam, K. Surender
Mr.R.Neelakandan (Additional Advocate General) assisted by Mr.C.Kathiravan (Standing Counsel) for appellant, Mr.C.Vigneshwaran for R1, Mr.J.Jayamalan for R2
The State Information Commissioner, Tamil Nadu Information Commission & P. Ramar
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Nature of Litigation
Intra-court appeal under Clause 15 of Letters Patent against dismissal of writ petition challenging order of State Information Commissioner directing disclosure of PSTM Certificate under RTI Act.
Remedy Sought
Appellant (Public Information Officer) sought to set aside the order dated 05.09.2022 in W.P.No.23494 of 2022 which affirmed the State Commission's order directing disclosure of PSTM Certificate.
Filing Reason
Appellant contended that PSTM Certificate is personal information protected under Section 8(1)(j) of RTI Act and its disclosure would invade privacy.
Previous Decisions
State Information Commissioner by order dated 26.11.2021 directed disclosure of PSTM Certificate; learned Single Judge dismissed writ petition on 05.09.2022 affirming the Commission's order.
Issues
Whether a PSTM Certificate issued by a competent authority is 'personal information' exempted from disclosure under Section 8(1)(j) of the Right to Information Act, 2005?
Whether the State Information Commissioner was justified in directing disclosure of the PSTM Certificate?
Submissions/Arguments
Appellant argued that PSTM Certificate is personal information protected under Section 8(1)(j) of RTI Act as it was issued by an authority and relates to an individual's educational qualification.
Respondents argued that the certificate is a public document and its disclosure does not invade privacy; it relates to public activity.
Ratio Decidendi
A certificate issued by a competent authority regarding the medium of instruction (PSTM Certificate) is a public document and not 'personal information' exempted under Section 8(1)(j) of the RTI Act, as its disclosure relates to public activity and does not cause unwarranted invasion of privacy. The burden is on the authority claiming exemption to show that disclosure would harm privacy interests, which was not discharged.
Judgment Excerpts
Plain reading of the said provision would show that the 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 Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information.
The certificate issued by the competent authority holding that the person studied under tamil medium is to be construed as public document and not protected under the provisions of the Right to Information Act, 2005.
Procedural History
The second respondent filed RTI application seeking PSTM Certificate details; PIO rejected it; second respondent appealed to State Information Commissioner who on 26.11.2021 directed disclosure; PIO filed writ petition (WP No.23494 of 2022) which was dismissed on 05.09.2022; PIO filed intra-court appeal (WA No.1431 of 2023) which was dismissed on 09.03.2026.
Acts & Sections
- Right to Information Act, 2005: Section 8(1)(j)
