Facts of the Case: Email RTI Applications Valid
Dr. Sandeep Kumar Gupta filed an RTI request via email with the Guru Jambheshwar University of Science and Technology, depositing the requisite fee electronically. However, the university refused to process it because a physically signed written application was necessary. The State Information Commission upheld this requirement, prompting Dr. Gupta to approach the Punjab & Haryana High Court via writ petition.
Case Law
- Case Name: Dr. Sandeep Kumar Gupta vs. State Information Commission, Haryana and Others
- Court: Punjab and Haryana High Court
- Neutral Citation No.: 2025: PHHC: 023991
- Relevant Legal Provision: Section 6 of the Right to Information Act, 2005.
Legal Issue
Whether an RTI application submitted through email, without a physical signature but with the requisite fee payment, is a valid application under Section 6 of the Right to Information Act, 2005?
Judgment
Justice Harsimran Singh Sethi of the Punjab & Haryana High Court ruled that Section 6 of the RTI Act does not mandate a physical, signed application. The Court held that:
- An email RTI is valid, provided the applicant’s identity can be confirmed.
- Insisting on a physical signature adds unnecessary procedural formalities, contrary to the Act’s purpose.
- Since Dr. Gupta appeared before the Court in person, his identity was established, and thus the demand for a signed application was unjustified.
- The university was directed to provide the requested information to Dr. Gupta within 30 days.
Dr. Sandeep Kumar Gupta vs. State Information Commission, Haryana (PDF)