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DATE WITH RTI

Copy of the passing certificate

The appellant passed intermediate examination from NIOS in the year 2015 but the name of appellant’s mother was incorrect in the passing certificate. The appellant had submitted a demand draft of Rs.350 in favour of Secretary, NIOS on 24/08/2017 for correcting his mother’s name in the passing certificate. In this context, the appellant sought under RTI to provide passing certificate with correct name of appellant’s mother.

The appellant filed an appeal to CIC as a duplicate copy of his passing certificate was not issued to him. He was informed by the CPIO and the FAA that the correction in his mother’s name was done and which was also published on their website. It was clearly informed that there is a proper procedure to apply for a new passing certificate and for this, the appellant has to submit a proforma duly filled in with all the required details accompanied by the requisite fee. It was also stated that a passing certificate cannot be provided under the RTI Act. The CIC concurred with the submissions of the PIO as under the provisions of the RTI Act only the available and existing information can be provided and in this particular case, the appellant has prayed that his correct passing certificate may be issued. The issuance of a correct passing certificate in itself means the creation of new information which does not come under the provision of Section 2(f) of the RTI Act. The CIC ruled that in case the appellant wanted a correct copy of his passing certificate, he was bound to follow the procedure laid down by the concerned authority in this regard.

Comments

The rights of an applicant under the RTI Act is limited seeking and obtaining information as defined under section 2(f) of the Act.

Citation: Shri Amarendra Chaudhary v. UIDA in Second Appeal No. CIC/NITIA/A/2018/127581, Complaint No. CIC/NITIA/C/2018/648714, Date of Decision: 31.10.2020

Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is an expert on RTI matters and has co-authored the books RIGHT TO INFORMATION - LAW AND PRACTICE and PIO’s guide to RTI. Apart from her weekly article here, her other articles can be read at the website of RTI Foundation of India at the link: www.rtifoundationofindia.com

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