If you are stuck in such a situation, here is what to do.

Mr. Alok Verma, a resident of Aravalli Nagar, became interested in the academic policies of the prestigious Pragyan University located in his city. He had read about the new University Grants Commission (UGC) guidelines that allowed students to pursue two academic degrees simultaneously. Curious about the implementation and uptake of this policy, he wanted to obtain specific statistics from the university. His goal was to find out the exact number of students currently enrolled in the university’s flagship B.Tech program who were also pursuing a second degree under these dual-degree guidelines. Believing this information should be public, Mr. Verma decided to file a request under the Right to Information (RTI) Act, 2005, to get a clear and factual picture of the situation.

Advice in such cases

If you wish to obtain statistical information from a public authority like a university, the RTI Act is a powerful tool. Here is some advice on how to proceed:

• Be Specific: Clearly state the exact information you need. Instead of asking a vague question, frame a precise request, such as “Please provide the total number of students enrolled in the B.Tech (Computer Science) course who are also simultaneously enrolled in any other degree program for the academic year 2023-24.”
• Identify the PIO: Address your application to the Public Information Officer (PIO) of the concerned public authority (in this case, Pragyan University).
• Follow the Procedure: Submit the application along with the prescribed fee (usually Rs. 10), which can be paid through various modes like postal order, demand draft, or online payment if the facility is available.
• Keep Records: Retain copies of your RTI application, proof of payment, and the postal receipt as evidence of submission.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The entire process is governed by The Right to Information Act, 2005. Key sections include:

• Section 2(f): Defines “information,” which includes any material in any form, such as records, documents, memos, emails, opinions, and data held in any electronic form. Statistical data clearly falls under this definition.
• Section 2(j): Defines “right to information,” which is the right to access information held by or under the control of any public authority.
• Section 6: Outlines the simple procedure for making a request for information. It explicitly states that the applicant is not required to give any reason for requesting the information.
• Section 7(1): Mandates that the PIO must provide the information or reject the request within thirty days of its receipt.
• Section 8: Lists the exemptions from disclosure. A public authority might try to invoke Section 8(1)(j), which protects personal information. However, statistical or anonymized data that does not identify any individual student is not considered personal information and should be disclosed.
• Section 19: Provides the mechanism for appeals. If you are denied information or are not satisfied with the response, you can file a first appeal with the First Appellate Authority (FAA) and a second appeal with the Central or State Information Commission.

If you are the complainant

As the person filing the RTI application (the complainant or applicant), you should take the following steps to ensure your request is successful:

• Draft Carefully: Your application should be clear, concise, and focused on the specific data you require. Avoid asking questions that require the PIO to create new information or provide opinions.
• Adhere to Timelines: After filing, wait for the statutory 30-day period for the PIO to respond.
• Prepare for Appeal: If the PIO denies the information, provides an incomplete response, or does not respond at all, be prepared to file a first appeal. Your appeal should clearly state the grounds for your dissatisfaction with the PIO’s action or inaction.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If your rightful request for information under the RTI Act is unjustly denied, you are a victim of a violation of your statutory right. In such a scenario, you are not helpless. Here’s what you can do:

• File a First Appeal: You have the right to file a first appeal with the First Appellate Authority (FAA), who is an officer senior in rank to the PIO within the same public authority. This must be done within 30 days of receiving the PIO’s response or from the date the response was due.
• File a Second Appeal: If you are not satisfied with the FAA’s decision, you can file a second appeal with the Central Information Commission (CIC) or the State Information Commission (SIC) within 90 days. The Commission has the power to order the disclosure of information and can also impose penalties on the PIO for non-compliance.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Police involvement is not applicable in matters concerning the Right to Information Act. The RTI process is an administrative and civil matter handled by Public Information Officers, First Appellate Authorities, and the Information Commissions. The police have no jurisdiction or role to play in the request or disclosure of information under this Act.

FAQs people normally have

• Can a university deny my request for statistical data? A university can only deny information if it falls under one of the exemptions listed in Section 8 of the RTI Act. Statistical data, being anonymized, typically does not qualify for exemption, especially not under the “personal information” clause.
• Do I have to be a student or an employee of the university to ask for information? No. Any citizen of India can file an RTI request with any public authority, regardless of their connection to that authority.
• What if the university claims compiling the data is too much work? The PIO can reject a request if it would “disproportionately divert the resources of the public authority” under Section 7(9). However, this is often misused. Basic statistical data, which should be readily available in university records, is unlikely to meet this high threshold.
• How much does it cost? The initial application fee is typically Rs. 10. The PIO can charge additional fees for providing information, such as Rs. 2 per page for photocopies, but you must be informed of these costs.

What evidence is required?

To file the initial RTI application, no evidence is required. You simply make the request. However, if you need to file an appeal, your evidence will include:

• A copy of your original RTI application.
• Proof of payment of the application fee (e.g., postal order receipt).
• Proof of delivery of the application (e.g., speed post tracking receipt).
• The response received from the PIO (if any).
• A copy of your first appeal, if you are filing a second appeal.
• The decision of the First Appellate Authority (if any).

How long will the investigation take?

The RTI Act provides a clear timeline for the “investigation” or processing of your request:

• PIO’s Response: The PIO must respond within 30 days of receiving the application.
• First Appeal: The First Appellate Authority is expected to dispose of the appeal within 30 to 45 days.
• Second Appeal: The timeline for the disposal of a second appeal by the Information Commission can vary significantly depending on the backlog of cases, but the Commission strives to resolve matters as expeditiously as possible.

Advocate Sudhir Rao, Supreme Court of India