In the judgement Subhash Chandra Tyagi v. CBSE in Appeal No. CIC/SA/A/2016/001451, Central information commision told that all the education documents are public information under Right to information act (RTI act).
In para 16 of the judgement Central Information commision worte as under:
Commission holds and declares that academic/educational qualifications at land mark stages like 10th class, Intermediate, Graduation, Post Graduation or Ph.D. and clearing of every annual examination, which promotes the student into next year,are the public documents.If a student is suspected to have manipulated his promotion from one to next year, another has every right to seek its verification and it is the duty of the public academic body to clear the apprehension and take necessary action, if apprehension is proved correct. If educational details are protected as personal information, it leaves lot of scope formanipulation, corruption and misrepresentation. It is in larger public interest, we need to avoid it. To prevent cheating, the transparency is the proper method.
In para 14 commision quote about Indian evidece act: How can a graduate consider his degree as private and personal information, and why it
should be considered as someone’s personal data. There is no basis for such understanding.If BA degree is a requirement for studying MA, the student who wants to study MA has to
prove that he graduated. If he does not have that qualifying degree and manipulates to secure admission MA, every genuine graduate has a right to doubt the admission and to demand the disclosure of graduation details. For higher education or employment, he has to reveal his details of education details. If a candidate wants to treat the patients as doctor he has to prove medical graduation. Every person has a right to know genuineness of his degree or education.Hence, all the qualifying examinations and degrees are public information and every member of public shall have access to it. The right to information was available in its rudimentary form in Section 76 of Indian Evidence Act, 1875:
Section 76 says: Every public officer having the custody of a public document, which
any person has a right to inspect, shall give that person on demand a copy of it on
payment of the legal fees therefore, together with a certificate written at the foot of such
copy that it is a true copy of such document or part thereof, as the case may be, and
such certificate shall be dated and subscribed by such officer with his name and his
official title, and shall be sealed, whenever such officer is authorized by law to make
use of a seal; and such copies so certified shall be called certified copies.
Section 74 of Evidence Act, gave list of “public documents”: “(1) The following documents are public documents: (i) of the sovereign authority, (ii) of official bodies and tribunals, and (iii) of public officers, legislative, judicial and executive, of any part of India or of the Commonwealth, or of a foreign country; (2) public records kept in India or private documents.”
If educational details are protected as personal information, it leaves lot of scope for manipulation, corruption and misrepresentation, the Commission observed.
Therefore,Information of education document is public document under Right to information act,2005.
Read and download the Judegment from link below the article.CIC_SA_A_2016_001451_M_192254
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