Bar and Bench: Chandigarh: Wednesday, 26 February 2025.
The Court was dealing with a case in which a university had declined to supply the requested information on the ground that the applicant had not submitted a physical application along with his signatures.
The Punjab and Haryana High
Court recently observed that the Right to Information (RTI) Act does not
mandate that information under the Act can be obtained only through a written,
physical application [Dr. Sandeep Kumar Gupta v State Information Commission,
Haryana and others].
Justice Harsimran Singh Sethi directed Guru Jambheshwar University of Science and Technology Hisar to supply information to a person, who had asked for it via e-mail and deposited the requisite fee in the bank account of the university.
The university had declined to supply the information on the ground that the applicant, Dr. Sandeep Kumar Gupta, had not submitted a physical application along with his signatures. The university had defended the requirement on the ground that it was necessary to prevent bogus applications.
However, the Court said that
once a person, who has sent the email confirms his identity, a written
application was not required.
“Though, the University has a right to be vigilant that no one else uses the e-mail address of another person but once the person who has sent the e-mail confirms his identity and request for supply of the information, the demand of a written application along with signatures, is not envisaged under Section 6 of 2005 Act,” the Court said.
Further, the Court said since the petitioner is present before the Court, the same also confirms his identity.
“In the present case, the petitioner is present here before this Court seeking the information which makes it clear that the information as sought, is being sought by the petitioner himself only.”
Accordingly, it allowed the plea challenging the denial of information and directed the university to supply the information within 30 days.
Advocate Sardavinder Goyal represented the petitioner.
Additional Advocate General Gaurav Jindal represented the State Information Commission.
Advocate Puneet Gupta represented the Guru Jambheshwar University of Science and Technology Hisar.
[Read Judgment]
The Court was dealing with a case in which a university had declined to supply the requested information on the ground that the applicant had not submitted a physical application along with his signatures.
 |
| Punjab and Haryana High Court, RTI |
Justice Harsimran Singh Sethi directed Guru Jambheshwar University of Science and Technology Hisar to supply information to a person, who had asked for it via e-mail and deposited the requisite fee in the bank account of the university.
The university had declined to supply the information on the ground that the applicant, Dr. Sandeep Kumar Gupta, had not submitted a physical application along with his signatures. The university had defended the requirement on the ground that it was necessary to prevent bogus applications.
“Though, the University has a right to be vigilant that no one else uses the e-mail address of another person but once the person who has sent the e-mail confirms his identity and request for supply of the information, the demand of a written application along with signatures, is not envisaged under Section 6 of 2005 Act,” the Court said.
Further, the Court said since the petitioner is present before the Court, the same also confirms his identity.
“In the present case, the petitioner is present here before this Court seeking the information which makes it clear that the information as sought, is being sought by the petitioner himself only.”
Accordingly, it allowed the plea challenging the denial of information and directed the university to supply the information within 30 days.
Advocate Sardavinder Goyal represented the petitioner.
Additional Advocate General Gaurav Jindal represented the State Information Commission.
Advocate Puneet Gupta represented the Guru Jambheshwar University of Science and Technology Hisar.
[Read Judgment]
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