LexCENTRAL BOARD OF SECONDARY EDUCATION & ANR. versus ADITYA BANDOPADHYAY & ORS.
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A B c [2011] 11 S.C.R. 1028 CENTRAL BOARD OF SECONDARY EDUCATION & ANR. v. ADITYA BANDOPADHYAY & ORS. (Civil Appeal No. 6454 of 2011) AUGUST 09, 2011 [R.V. RAVEENDRAN AND A.K. PATNAIK, JJ.] Right to Information Act, 2005: ss. 8 (1)(e), 2 (f), 2(i), 2(j), 3, 24 and 9 - Public examination - Examinee's right to inspect his evaluated answer books in a public examination or taking certified copies - Scope of - Held: Every examinee has the right to D access his evaluated answer-books, by either inspecting them or take certified copies thereof, . unless the evaluated answer- books are found to be exempted u/s. 8(1)(e) - Answer-book is a document or record in terms of s. 2(i) and as such the evaluated answer-book is also an 'information' under the Act - Under s. 3, the citizens have the right to access to all E information held by or under the control of any public authority except those excluded or exempted under the Act - Examining bodies (Universities, Examination Boards, CBSE etc.) are neither security nor intelligence organisations - Disclosure of information with reference to answer-books also F does not involve infringement of any copyright - Thus, the exemption u/ss. 24 and 9 would not apply to them. s. 22 - Overriding effect of - Right of an examinee seeking inspection of his answer books or seeking certified G copies thereof - Effect of decision of this Court in *Maharashtra State Board of Secondary Education v, Paritosh B. Sheth on such right - Held: Decision of this Court in *Maharashtra State Board and the subsequent decisions following the same, would not affect or interfere with the right H 1028 CENTRAL BOARD OF SECONDARY EDUCATION v. 1029 ADITYA BANDOPADHYAY of the examinee seeking inspection of answer-books or taking A certified copies thereof - RT/ Act enables/entitles the student to have access to the answer-books as 'information' and inspect them and take certified copies thereof - s. 22 provides that the provisions of the Act would have effect, notwithstanding anything inconsistent therewith contained in B any other law for the time being in force - Thus, the provisions of the RT/ Act would prevail over the provisions of the bye- lawslru/es of the examining bodies in regard to examinations - As a result, unless the examining body is able to demonstrate that the answer-books fall under the exempted c category of information described in clause (e) of s. 8(1), the examining body would be bound to provide access to an examinee to inspect and take copies of his evaluated answer- books, even if such inspection or taking copies is barred under the rules/bye-laws of the examining body governing the D examinations. s. 8(1)(e)- Whether examining body holds the evaluated answer books "in a fiduciary relationship" and thus, has no obligation to give inspection of the evaluated answer books u/s. 8 (1)(e) - Held: Examining body does not hold the E evaluated answer books in a fiduciary relationship, qua the examiner - Not being information available to an examining body in its fiduciary relationship, the exemption uls. 8(1)(e) is not available to the examining bodies with reference to evaluated answer-books and the examining bodies will have F to permit inspection sought by the examinees. Right of inspection of the evaluated answer books or seeking certified copies thereof by examinee - Limitations, conditions or safeguards to such right - Held: Portions of G answer-books containing information regarding the examiners/co-ordinators/scrutinisers/head examiners or which may disclose their identify with reference to signature or initials, should be removed, c_overed, or otherwise severed H 1030 SUPREME COURT REPORTS [2011] 11 S.C.R. A from the non-exempted part of the answer-books, u/s. 10 - Right to access information does not extend beyond the period during which the examining body is expected to retain the answer-books - s. 8(3) nowhere provides that records or information have to be maintained for a period of twenty years B or more nor override any rules or regulations governing the period for which the record, document or information is required to be preserved by any public authority. s. 8 - Interpretation of - Held: Is not to be construed strictly, literally and narrowly - When s. 8 exempts certain C information from being disclosed, it should not be considered to be a fetter on the right to information, but as an equally impo
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