RTI Request for Internal Notes on a Rejected Affiliation Proposal
A school's application for affiliation was rejected in March. In July the school files an RTI request asking for (i) certified copies of all file notings from January to March, (ii) the inspection report, (iii) names and designations of officers who recommended rejection, and (iv) the legal opinion obtained. You are the Junior Assistant handling the RTI cell; the Public Information Officer is on leave and has asked you to prepare a draft reply. Twelve days remain in the 30-day period. The file contains a draft rejection note superseded by a later note, a confidential legal opinion marked "privileged", an inspection report with the names of two teachers who gave adverse statements, and emails from a third party. The school has not paid the copying fee for 40 pages. Need decide.
1. Which parts can be disclosed, which need partial disclosure, and which may be withheld? Reason from the RTI Act's framework, not memory of section numbers.
Read the worked answer
Start from the Act's presumption of disclosure, then apply exemptions narrowly and severably. File notings are part of the public record and should be disclosed, including the superseded draft, but with a covering note explaining that it was superseded so it is not misread as the final decision. The inspection report is disclosable, but the names of the two teachers who gave adverse statements may be redacted if disclosure would cause them personal harm and no larger public interest outweighs that; the factual findings should still be released. The names and designations of officers who recommended rejection in their official capacity are generally disclosable, because official accountability is the point of the request. The legal opinion may be withheld if it is privileged legal advice, but the factual basis and the final decision must be disclosed. Apply severability rather than rejecting the whole request.
2. How should the third-party teacher statements and the legal opinion be handled procedurally?
Read the worked answer
For the teachers, treat the information as third-party information: issue them a notice, give a short but real opportunity to make representations, and apply the public-interest test. Do not simply redact by habit; record why redaction is or is not justified. For the legal opinion, consult the PIO and the legal branch before withholding. Distinguish the opinion itself from the facts on which it rests, and from the final order. If only part is privileged, release the rest with redactions and a schedule explaining each redaction. Also deal with the copying fee: 40 pages attract the prescribed fee, and the fee should ordinarily be collected before copies are issued, but the 12-day deadline should not be allowed to lapse silently. Write to the applicant with the calculated fee and a firm date; if the fee is not paid, issue a reasoned reply on the disclosable portions rather than treating the request as abandoned.
3. Draft the operative portion of the reply (not the whole letter) in about 100 words.
Read the worked answer
"With reference to your application dated , the following is communicated. Certified copies of the file notings from January to March, including the superseded draft note, are enclosed at pages 1-12; the covering sheet explains the status of the draft. The inspection report is enclosed at pages 13-22, with the names of two individual statement-givers redacted under the third-party and personal-information provisions; the findings are unredacted. The names and designations of the officers who recommended rejection are disclosed at page 23. The legal opinion is withheld as privileged legal advice; the factual basis and final decision are disclosed at pages 24-26. Copying charges of ₹ for 40 pages are payable; copies will be issued on receipt."