Commission rules that academic certificates submitted during recruitment are public records, not private
PANAJI
Calling out Goa University’s attempt to classify faculty qualifications as private data, the State Information Commission has ruled that academic certificates submitted during recruitment are public documents and must be released under the RTI Act.
The Commission set aside the First Appellate Authority’s order that upheld the Public Information Officer’s refusal to share the Degree, Master’s and PhD certificates of Prof Shaila D’Souza.
Directing submission of these details within 10 days, it ruled that once such documents are submitted to a public authority as part of a recruitment process, they become part of official records and cannot be denied under Section 8(1)(j) or treated as “third party information.”
“...the Educational Qualification Certificates (of Degree, Master’s and PhD submitted to the Goa University by Prof Shaila D’Souza at the time of joining as a member of teaching faculty at Goa University are in the possession of Goa University and it cannot be denied to the Appellant claiming as the personal information of a third party. The moment the said certificates are submitted to the Goa University (public authority in the present appeal) such certificates become part of the records/documents held by the Goa University,” State Chief Information Commissioner Aravind Nair observed.
The appeal was filed by Nazario Savio P D’Souza of St Cruz, who had sought 30 points of information from the University’s Administration (Teaching) department on September 30, 2024. He alleged that the PIO provided only partial responses, marking 14 points as “Not Available,” seven as “Third Party,” three as “questions,” and one under Section 8(1)(g) relating to confidentiality of selection committee names. The PIO argued that several details sought were personal in nature and exempt from disclosure.
Unsatisfied, the applicant moved the First Appellate Authority. On November 28, 2024, FAA Prof Jivan Parab directed the PIO to correct replies for items listed as “Not Available,” but upheld the refusal on third-party grounds after the faculty member concerned declined consent.
With the personal-information exemption still blocking key queries, the appellant approached the SIC on April 1, 2025 urging directions for submission of required details.
The Commission held these documents cannot be withheld and stated that recruitment before a public authority is subject to public scrutiny and citizens have the right to know the qualifications of those appointed.
Directing full compliance, the Commission ordered the Goa University PIO to furnish certified copies of all three qualification certificates within 10 days and submit a compliance report within 15 days of receiving the order.
