Archive for : 'Right to Information'

Right to Information Act, 2005 — Section 19(8) — Examinations

Right to Information Act, 2005 — Section 19(8) — Examinations — Retention of answer sheets — Obligation under the Act is to make available or give access to existing information or information which is expected to be preserved or maintained — Right to access information does not extend beyond the period during which the examining […]

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Right to Information Act, 2005 — Section 8(1)(e) — Examinations

Right to Information Act, 2005 — Section 8(1)(e) — Examinations — Denial of information on ground of fiduciary relationship with interest of examinee — Examining body is in fiduciary relationship with an examinee in very wide sense but not under Section 8(1)(e) RTI Act not in a fiduciary relationship either with reference to the examinee […]

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Constitution of India — Article 226 — Education — Examination — Re-evaluation of answer sheets

Constitution of India — Article 226 — Education — Examination — Re-evaluation of answer sheets — A provision barring inspection or disclosure of the answer-books or re-evaluation of the answer-books and restricting the remedy of the candidates only to re-totalling is valid and binding on the examinee under rules of examining body, but all rules […]

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Right to Information Act, 2005 — Sections 2(f), 2(i), 3, 8, 9 & 24 — Public examinations

Right to Information Act, 2005 — Sections 2(f), 2(i), 3, 8, 9 & 24 — Public examinations — Examinees’ right to inspect or take certified copies of evaluated answer books — Evaluated answer books fall under the category of `information’ but do not fall under any category of exempted information under sections 8, 9 & […]

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Chartered Accountants Regulations, 1988 — Regulation 39(2) — Revision of marks

Chartered Accountants Regulations, 1988 — Regulation 39(2) — Revision of marks — Moderation standards — Disclosure of — Each examining body has its own standards of moderation drawn up with reference to its own experiences — Appellant is liable to disclose its standards of moderation if any — Right to Information Act, 2005 — Section […]

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Right to Information Act, 2005 — Sections 3, 4(1)(b), (c), 8, 9, 10 & 11 — Object of statute

Right to Information Act, 2005 — Sections 3, 4(1)(b), (c), 8, 9, 10 & 11 — Object of statute — Object of RTI Act is to harmonize the conflicting public interests, that is, ensuring transparency to bring in accountability and containing corruption on the one hand, and at the same time ensure that the revelation […]

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Right to Information Act, 2005 — Section 8(1)(e) — Exemption from disclosure

Right to Information Act, 2005 — Section 8(1)(e) — Exemption from disclosure — Availability — Fiduciary relationship — Instructions and solutions to questions communicated by the examining body to the examiners, head-examiners and moderators, are information available to such persons in their fiduciary relationship and therefore exempted from disclosure under section 8(1)(e). HELD: It should […]

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Right to Information Act, 2005 — Section 9 — Information — Exemption from disclosure

Right to Information Act, 2005 — Section 9 — Information — Exemption from disclosure — Respondent sought certain information from ICAI — Providing access to information in respect of which ICAI holds a copyright does not involve infringement of a copyright subsisting in a person other than the State — ICAI is not entitled to […]

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Right to Information Act, 2005 — Section 8(1)(d) & (3) — Information — Exemption from disclosure

Right to Information Act, 2005 — Section 8(1)(d) & (3) — Information — Exemption from disclosure — Respondent field RTI seeking information relating to instructions issued by ICAI to examiners and moderators — Rejection of request on ground of exemption from disclosure under section 8(1)(c) & (d) — Whether instructions and solutions to questions given […]

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Right to Information Act, 2005 — Sections 3, 6, 7, 18, 19 & 24 — Refusal to disclose information

Right to Information Act, 2005 — Sections 3, 6, 7, 18, 19 & 24 — Refusal to disclose information — Remedy against — Jurisdiction of commissioner to direct to furnish information — Appellant no 2 filed application for obtaining information relating to Magisterial enquiries initiated by Government of Manipur from 1980-2006 — As appellant received […]

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