Can information under RTI Act be sought via email? Punjab and Haryana High Court answers
Pranav B Prem
In a significant ruling, the Punjab and Haryana High Court has held that the Right to Information (RTI) Act, 2005 does not mandate that information can only be obtained through a written, physical application. The Court clarified that an applicant who seeks information via email and verifies their identity is entitled to receive the requested information.
Background of the Case
The matter arose when Dr. Sandeep Kumar Gupta filed a writ petition challenging the refusal of Guru Jambheshwar University of Science and Technology, Hisar, to provide him with information under the RTI Act. The petitioner had submitted his RTI request via email and deposited the requisite fee in the bank account of the university. However, the university denied the request, insisting that a physical application with the applicant’s signature was necessary to prevent bogus applications. The State Information Commission upheld the university’s stance, prompting the petitioner to approach the High Court.
Court's Observations
Justice Harsimran Singh Sethi, while deciding the case, rejected the university’s reasoning and emphasized that the RTI Act does not impose a strict requirement for a written, signed application.
“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.” Further, the Court noted that since the petitioner was present in court to establish his identity, there was no justification for denying the requested information: “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.”
Court’s Decision
The Court directed Guru Jambheshwar University of Science and Technology, Hisar, to supply the requested information within 30 days as mandated by law. It held that once an applicant verifies their identity, the requirement of a signed, written application is unnecessary and cannot be used as a ground to deny information.
Cause Title: Dr. Sandeep Kumar Gupta V. State Information Commission, Haryana and others
Case No: CWP-36226-2018
Bench: Justice Harsimran Singh Sethi
[Read/Download order]
