Madhya Pradesh High Court
Dinesh Kumar Chouhan vs Medical Education Department on 10 March, 2022
Author: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 10th OF MARCH, 2022
WRIT APPEAL No. 523 of 2020
Between:-
DINESH KUMAR CHOUHAN S/O SHRI A.R.
CHOUHAN, AGED ABOUT 34 YEARS,
OCCUPATION: ADVOCATE R/o M-5, 6 INDORE
TRADE CENTRE NEAR MADHUMILAN SQUARE
INDORE (MADHYA PRADESH)
.....APPELLANT
(BY SHRI MANOJ MANAV - ADVOCATE)
AND
1. STATE OF MADHYA PRADESH,
THROUGH - PRINCIPAL SECRETARY MEDICAL
EDUCATION DEPARTMENT, VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. DIRECTOR, MEDICAL EDUCATION
DEPARTM ENT, SATPURA BHAVAN , BHOPAL
(MADHYA PRADESH)
3. COMMISSIONER, MEDICAL EDUCATION
DEPARTMENT 6TH FLOOR SATPURA BHAVAN ,
BHOPAL (MADHYA PRADESH)
4. STATE PUBLIC INFORMATION OFFICER
SUCHNA BHAVAN, 35-B, ARERA HILLS, BHOPAL
(MADHYA PRADESH)
5. COM M ISSIONER INDORE DIVISION INDORE,
(MADHYA PRADESH)
6. GOVT. DENTAL COLLEGE , INDORE THROUGH
ITS PRINCIPAL DENTAL COLLEGE PREMISES,
Signature Not VerifiedDigitally signed by
SAN SMT MUKTA
KOUSHAL
INDORE (MADHYA PRADESH)
Date: 2022.03.12
14:43:38 IST
.....RESPONDENTS
(SHRI S.R.SAXENA - DEPUTY ADVOCATE GENERAL FOR
2
RESPONDENT NOS. 1 TO 3, 5 AND 6 )
(SHRI SHASHWAT SETH - ADVOCATE FOR RESPONDENT No.4)
This appeal coming on for orders this day, Hon'ble Shri Vijay Kumar
Shukla, Judge passed the following:
ORDER
This present Writ Appeal is filed under section 2 of M.P. Uchcha
Nayaylaya (Khandnyaya Peeth Ko Appeal Adhiniyam), 2005 being aggrieved by
the order dated 12.12.2019 passed by learned Single Judge whereby the writ
petition filed by appellant has been dismissed.
The appellant has filed writ petition under Article 226 of the Constitution
of India challenging the order dated 22.10.2018 passed by the respondent No.4-
State Public Information Officer.
Facts of the case in short are that the petitioner filed an application under
section 6(1) of Right to Information Act, 2005 (in short 'the Act') for obtaining
information from Government Dental College, Indore in respect of appointment
of Lecturer in Prosthodentics branch. Petitioner has demanded the marks list of
candidate, selection list and the marks granted to the participants in different
heads, however no information has been provided to the petitioner within the
stipulated period of 30 days. He has therefore, filed an appeal before the first
appellate authority i.e. Commissioner, Medical Education Department, Bhopal
along with requisite documents and stamps. After receiving the first appeal,
respondent No.3 has denied to supply such information to the petitioner. After
rejection of the first appeal, petitioner approached to the State Public
Information Officer-respondent No.2 but respondent No.2 has also denied the
supply of aforesaid information on the ground of provisions of Section 8(J) of
Signature Not VerifiedDigitally signed by
SAN SMT MUKTA
the Act of 2005. The respondents have supplied the list of selected candidates
KOUSHAL
Date: 2022.03.12
14:43:38 IST
and further selection list was provided to the petitioner where the name of Mrs.
Akansha Maheshwari was mentioned and that is a separate list and other three
questions were denied on the ground that these are the personal informations so
it is exempted to supply under the Act. Being aggrieved by the said order,
petitioner filed the writ petition.
Counsel for the appellant submits that petitioner being citizen of India is
entitled to get information regarding the appointment made on the said post. It is
submitted that persons who are holding the public post and are accountable to
the public at large and therefore, they cannot deny supply of public documents.
It is further submitted that no personal information was demanded by the
petitioner and there is no bar applicable under the Act of 2005 in respect of any
information which relates to public activities or interest.
The respondents have filed the reply and in the reply, they have raised an
objection that present petition seems to be a sponsored petition as the petitioner
has nothing to do with the posts in question so also the petitioner is also not
one of the participant/candidate in which the petitioner alleged to be objected
and therefore, the petitioner does not have any locus to seek third party
information in regard to any of the participant. It is further submitted that
petition deserves to be dismissed for want of non-joinder of necessary party.
The information sought by petitioner shows that, it is purely a case of service
matter and if one of them is aggrieved, then the candidate will have a remedy to
file service petition before the proper forum and present petition seems to be an
attempt to make pressure on the authorities. Respondents have relied on the
order passed by the apex Court in the case of R.K.Jain Vs. Union of Indian
Signature Not VerifiedDigitally signed by
and others passed in SLP (C) No.22609/2012 as well as Girish
SAN SMT MUKTA
KOUSHAL
Date: 2022.03.12
14:43:38 IST
Ramchandra Vs. C.I.Commissioner reported in (2013) 1 SCC 212.
The learned Single Judge has considered rival contentions raised on
behalf of the parties and held that as per the judgment in the case of R.K.Jain
(supra) in paragraph No.12 of the said order it has been held that there shall be
no obligation to give any citizen information which relates to personal
information the disclosure of which has no relationship of any public activity or
interest or which would cause unwarranted invasion of the privacy. Thus, the
information sought by the petitioner has no relationship to any public activity or
interest. Similar view has been taken in the case of Girish Ramchandra (supra).
In view of aforesaid, we do not find any illegality in the order passed by learned
Single Judge warranting any interference in present intra court appeal.
Writ Appeal is accordingly dismissed.
No order as to costs.
(RAVI MALIMATH) (VIJAY KUMAR SHUKLA)
CHIEF JUSTICE JUDGE
MK
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN SMT MUKTA
KOUSHAL
Date: 2022.03.12
14:43:38 IST
