A.K. Patnaik JUDGMENT
R.V. Raveendran, J.
1. Leave granted. For convenience, we will refer to the facts of the first case.
2. The first Respondent appeared for the Secondary School Examination, 2008 conducted by the Central Board of Secondary Education (for short 'CBSE' or the 'Appellant'). When he got the mark sheet he was disappointed with his marks. He thought that he had done well in the examination but his answer-books were not properly valued and that improper valuation had resulted in low marks. Therefore he made an application for inspection and re-evaluation of his answer-books. CBSE rejected the said request by letter dated 12.7.2008. The reasons for rejection were:
(i) The information sought was exempted under Section 8(1)(e) of RTI Act since CBSE shared fiduciary relationship with its evaluators and maintain confidentiality of both manner and method of evaluation.
(ii) The Examination Bye-laws of the Board provided that no candidate shall claim or is entitled to re-evaluation of his answers or disclosure or inspection of answer book(s) or other documents.
(iii) The larger public interest does not warrant the disclosure of such information sought.
(iv) The Central Information Commission, by its order dated 23.4.2007 in appeal No. ICPB/A-3/CIC/2006 dated 10.2.2006 had ruled out such disclosure.
3. Feeling aggrieved the first Respondent filed W.P. No. 18189(W)/2008 before the Calcutta High Court and sought the following reliefs: (a) for a declaration that the action of CBSE in excluding the provision of re-evaluation of answer-sheets, in regard to the examinations held by it was illegal, unreasonable and violative of the provisions of the Constitution of India; (b) for a direction to CBSE to appoint an independent examiner for re-evaluating his answer-books and issue a fresh marks card on the basis of re-evaluation; (c) for a direction to CBSE to produce his answer-books in regard to the 2008 Secondary School Examination so that they could be properly reviewed and fresh marks card can be issued with re-evaluation marks; (d) for quashing the communication of CBSE dated 12.7.2008 and for a direction to produce the answer-books into court for inspection by the first Respondent. The Respondent contended that Section 8(1)(e) of Right to Information Act, 2005 ('RTI Act' for short) relied upon by CBSE was not applicable and relied upon the provisions of the RTI Act to claim inspection.
4. CBSE resisted the petition. It contended that as per its Bye-laws, re-evaluation and inspection of answer-books were impermissible and what was permissible was only verification of marks. They relied upon the CBSE ........