CIC | Information about names and particulars of students is personal information held by school in a fiduciary capacity disclosure of which invades children’s privacy

Central Information Commission (CIC): Y.K. Sinha (Information Commissioner) addressed an RTI application filed seeking the following information:

  1. Names of students of Class 8th and 12th students who were given admission under EWS Quota for the session 2017-18. Provide information in detail.
  2. Names of Class 12th students who fall under EWS Quota in the final year.
  3. Provide the names of parents/Guardians of Class 8th and 12th students who were given admission under EWS Quota in the year 2017-18.
  4. Provide copies income certificates submitted by Class 8th and 12th students who were enrolled under EWS Quota in the year 2017-18?

Applicant on being dissatisfied with the response and aggrieved with the same approached the Commission with the instant second appeal.

Respondents stated that data about online registration of students is available since the year 2018-19, while the appellant seeks information pertaining to the academic year 2017- 18, hence the information could not be readily provided.

He further explained that before the implementation of the Right to Education Act, admissions to students from economically weaker sections were given under the freeship quota. The registration of students under EWS quota is not done at the stage of class 8 or 12, hence data sought by the appellant is not readily available.

Hence, in view of the above, the information sought by the appellant could not be readily provided.

Decision

Commission noted that the reply of the respondent that information about admissions under EWS[Economically Weaker Section] quota is not available in their office is totally unacceptable.

The respondent being the regulatory authority of all educational institutions cannot remain oblivious nor avoid questions relating to such crucial information which involves the implementation of the Right to Education Act.

Further, the commission added that information about names and particulars of students is personal information held by the school in a fiduciary capacity disclosure of which would invade the privacy of the concerned children.

RTE Act makes education a fundamental right of every child between the ages of 6 and 14 and specifies minimum norms in elementary schools, requiring all private schools(except the minority institutions) to reserve 25% of seats for children belonging to the economically weaker section of society.

Respondent was directed to provide information about the total number of students, if any, admitted under EWS quota in Class 8 and Class 12 for the academic year 2017-18.

Appeal was disposed of in the above terms.[Anita Chaudhary v. PIO, DDE-ZONE II, Dte, of Education, 2020 SCC OnLine CIC 731, decided on 09-06-2020]

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