RTI Applicant Cannot Insist On Original Documents Once Accessible Records Are Supplied By CPIO: Gujarat High Court

The Gujarat High Court dismissed an RTI applicant's plea seeking information concerning teaching posts at Maharaja Sayajirao University of Baroda, observing that he had been supplied copies of the documents and his insistence on being supplied original documents is not within the purview of the CPIO. Justice Hemant M Prachchhak in his order noted:"This Court has considered the facts and circumstances of the case and the submissions and perused the material placed on record. On perusal of the affidavit-in-reply, the respondent – authority has clarified that the information which was sought for by the petitioner was supplied, as per the order passed by the Commission. It is also observed by the authorities that the petitioner was in habit of making an application under the provisions of the RTI Act and as many as more than 25 applications have been filed one after another...In view of the above, the information is required to be provided under the RTI Act includes various records, documents, circulars etc. which can be accessed by the Public Authority under any other law for the time being in force. Thus, the responsibility of the CPIO is discharged under the RTI Act upon providing all such information and documents that may be accessible to him. Meaning thereby that the document which is accessible to the respondents, they have already supplied the copy thereof to the petitioner, but the insistence of the petitioner that the original document is to be supplied is not purview of the CPIO – respondent No.1 and, therefore, the contention raised by the party-in-person is not tenable in the eyes of law and, therefore, the petition being meritless deserves to be dismissed".The State Government issued a resolution on 22.04.1983 regarding reservation of posts in the cadre of the Scheduled Castes and Scheduled Tribes, Socially Educationally Backward Classes and physically handicapped. The education department directed 14 Public Universities for 11 months contractual appointment of teaching posts and out-sourcing of non-teaching posts, both against the sanctioned vacant posts. The petitioner made various applications under Right to Information Act for total number of temporary teaching posts as per reservation, total number of application received for temporary teaching posts, list of selected and non-selected candidates based on reservation, SCs/STs representative in the selection committee and other information from Faculty of Commerce, The Maharaja Sayajirao University of Baroda. The petitioner also sought information on prevailing reservation policy of State Government in appointment of temporary posts at General Administrative Department and Commissionerate of Higher Education.However not satisfied with the response received in RTI the petitioner moved the high court. The petitioner contended that the authorities had provided arbitrary, incomplete typed information without supporting office records. He submitted that the University had not complied with prevailing reservation policy of the State for appointment of temporary teaching posts and the respondents – authorities have provided incomplete information without supporting office records. He submitted that the University has not complied with the circular dated 03.05.2022 issued by the Education Department, Gandhinagar and even not uploaded the list of selected candidates. The petition was dismissed.Case title: HIMANSHU PARSOTTAMBHAI PARMAR v/s STATE OF GUJARAT & ORS.R/SPECIAL CIVIL APPLICATION NO. 15120 of 2025Click Here To Read/Download Order

RTI Applicant Cannot Insist On Original Documents Once Accessible Records Are Supplied By CPIO: Gujarat High Court

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RTI Applicant Cannot Insist On Original Documents Once Accessible Records Are Supplied By CPIO: Gujarat High Court

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