MCA Refuses To Disclose In RTI The List Of Candidates Recommended By Selection Committee For Post Of NCLT Members
The Ministry of Corporate Affairs, Government of India, has declined to disclose under the ‘Right to Information Act, 2005’ the list of candidates recommended by Selection Committee, headed by Chief Justice of India, for the post of Judicial Member and Technical Member in the National Company Law Tribunal (“NCLT”), as against vacancy circular dated 12.07.2022. The reason...
The Ministry of Corporate Affairs, Government of India, has declined to disclose under the ‘Right to Information Act, 2005’ the list of candidates recommended by Selection Committee, headed by Chief Justice of India, for the post of Judicial Member and Technical Member in the National Company Law Tribunal (“NCLT”), as against vacancy circular dated 12.07.2022. The reason given for non-disclosure is that such list is a part of proposal being sent to the Cabinet Committee, thus exempted from disclosure under Section 8(1)(i) of the RTI Act, 2005.
Brief background
On 30.07.2023, an application was filed by Mr. Nipun Praveen Singhvi (Advocate) under the Right to Information Act, 2005 before the Ministry of Corporate Affairs (“MCA”). The Advocate requested the MCA to disclose the list of candidates recommended by Selection Committee for the post of Judicial Member and Technical Member in NCLT as against vacancy circular dated 12.07.2022. The Query has been reproduced herein below:
“Kindly furnish the list of candidates recommended by Search cum selection Committee headed by Chief Justice of India for the post of Judicial Member and Technical member as against vacancy circular No. A 12023/1/2021 Ad IV Government of India, Ministry of Corporate Affairs wing 5th floor, Shastri Nagar dated 12th July, 2022 for filing the vacancy of 8 Eight Judicial Member and 11 Eleven Technical Member in NCLT along with copy of minutes of meetings.”
On 30.08.2023, the MCA tendered a response to the RTI application stating that the information sought cannot be disclosed as it is a part of proposal being sent to the Cabinet Committee, thus exempted under Section 8(1)(i) of the RTI Act, 2005.