SUPREME COURT OF INDIA
Right to Information Act, 2005, Section 8(1)(d), 8(3) -- Right to information - Exemption from disclosure - Exemption from disclosure at one point of time may cease to be exempted at a later point of time.
Right to Information Act, 2005, Section 8(1)(d), 8(3) -- Right to information - Exemption from disclosure - There is no prohibition from disclosure of question papers, model answers (solutions to questions) and instructions if any given to the examiners and moderators after the examination and after the evaluation of answer scripts is completed, as at that stage they will not harm the competitive position of any third party.
Right to Information Act, 2005, Section 9 -- Right to information - Exemption from disclosure - Institute of Chartered Accounts of India - It is a `State' as it is a statutory body created by Chartered Accountants Act, 1948 - Information as to question papers, solutions/model answers or other instructions - Prepared by third party - Copyright therein is assigned in favour of ICAI - ICAI holds copyright - Providing access to information in respect of which ICAI holds a copyright, does not involve infringement of copyright subsisting in a person other than the State.
Right to Information Act, 2005, Section 8(1)(e) -- Right to information - Exemption - Instructions and solutions to questions given to examiners and moderators for evaluation of answer scripts - When anything is given and taken in trust or in confidence, requiring or expecting secrecy and confidentiality to be maintained in that behalf, it is held by the recipient in a fiduciary relationship and therefore exempted from disclosure u/s 8(1)(e) of the Act.
Right to Information Act, 2005, Section 8 -- Right to information - Revision of marks - Information as to criteria, authority who decides the exercise of discretion, quantum of such revisions and number of students who benefited in the last five examinations - Plea that data to such information not maintained - As the information sought is not maintained and is not available as such the same cannot be furnished - However, the examining bodies should change their old mind sets and tune them to the new regime of disclosure of maximum information - Public authorities should realize that an era of transparency, previous practices of unwarranted secrecy have no longer a place - Additional workload is not a defence - As the examining bodies have not been exempted from providing the information as such examining bodies have to gear themselves to comply with the provisions of RTI Act.