RTI
Having regard to the scheme of
the RTI Act, the right of the
citizens to access any information held or under the control of any public
authority, should be read in harmony with the exclusions/exemptions in the Act.
Evaluated Answer Books have to be disclosed under RTI Act.
IN THE SUPREME COURT OF
INDIA
CIVIL APPELALTE
JURISDICTION
CIVIL APPEAL NO.6454 OF 2011
[Arising
out of SLP [C] No.7526/2009]
Decided on 9 August, 2011
Central
Board of Secondary Education & Anr. ... Appellants
Vs.
Aditya
Bandopadhyay & Ors. ...
Respondents
With
CA
No. 6456 of 2011 (@ SLP (C) No.9755 of 2009)
CA
Nos.6457-6458 of 2011 (@ SLP (C) Nos.11162-11163 of 2009)
CA
No.6461 of 2011 (@ SLP (C) No.11670 of 2009)
CA
Nos.6462 of 2011 (@ SLP (C) No.13673 of 2009)
CA
Nos.6464 of 2011 (@ SLP (C) No.17409 of 2009)
CA
Nos. 6459 of 2011 (@ SLP (C) No.9776 of 2010)
CA
Nos.6465-6468 of 2011 (@ SLP (C) Nos.30858-30861 of 20
This is a
Landmark decision on Exemption –
Elaborate
discussion of the scheme of the RTI Act and Exemptions under the Act.
The cases were filed by the Central Board of Secondary Education, West Bengal Board of Secondary Education, West Bengal Council for Higher Education, University of Calcutta, Institute of Chartered Accountants of India, West Bengal Central School Service Commission and Assam Public Service Commission, challenging the common order and judgment dated 05/02/2009 passed by the division bench of the Calcutta High Court that allowed disclosure of evaluated answer sheets to applicants under RTI.
The far reaching implication of the judgment is that all Examining bodies/ Authorities including Universities in the Country, Public Service Commissions and such authorities have to provide copies of evaluated answer sheets of candidates when requested by them under RTI Act 2005]
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