Dr. Muhammed Thaha v. Director of Collegiate Education

May 13, 2025

2025 KER 33517 : 2025 (5) KLR 201 : 2025 KLT OnLine 1913

IN THE HIGH COURT OF KERALA
N. NAGARESH, J.
W.P.(C) No.13319 of 2024; 13May, 2025
Dr. Muhammed Thaha v. Director of Collegiate Education

Right to Information Act, 2005 – Section 7 – Public Information Officer – Duty and Liability – Approval of Appointment – Negligence Allegation.

The petitioner, appointed as Principal of MSM College, Kayamkulam, after a due selection process, sought approval of his appointment, which was challenged due to alleged negligence in handling an RTI application concerning a student’s fake degree certificate. The Court held that a Public Information Officer is not legally obligated to investigate the authenticity of documents unless a specific complaint is received, as per Section 7 of the RTI Act. An isolated instance of alleged negligence does not justify withholding approval of an appointment made through a proper selection process. The Court directed the respondents to confirm the provisional approval of the petitioner’s appointment as Principal.

Writ Petition Allowed.

Petitioner by Advs. Nisha George, George Poonthottam (Sr.), A.L. Navaneeth Krishnan

Respondents by Adv. Thomas Abraham, Standing Counsel

Approval of Appointment, Disciplinary Action, Duty of PIO, Fake Degree Certificate, High Court of Kerala., Negligence, Principal Appointment, Public Information Officer, Right to Information Act, Selection Process, University Approval, Writ Petition

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