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The CIC objected, saying the restriction on revaluation after obtaining CBSE answer sheets under RTI goes against the RTI Act.
CBSE cannot rely on other rules or regulations to impose fees or conditions inconsistent with the RTI Act, CIC said.(File/Representative Image)
The Central Information Commission (CIC) has directed the CBSE to provide copies of answer scripts sought under the Right to Information (RTI) Act by charging photocopying fees strictly in accordance with the RTI Rules, 2012.
The commission has also recommended that the Central Board of Secondary Education (CBSE) amend its May 19, 2025 circular after finding that a provision preventing candidates from seeking revaluation after obtaining answer sheets through the RTI Act is inconsistent with the spirit of the transparency law, reported PTI.
The case stemmed from an RTI application filed by a Class 10 CBSE board examination candidate, who sought photocopies of his answer sheets citing the high cost of the board’s regular re-evaluation process.
The candidate also raised concerns about the difficulty level of the Class 10 Mathematics Standard Set 3 paper, the implementation of the moderation policy and deductions in his marks.
According to the application, the re-evaluation process involved Rs 2,500 for photocopies of five subjects, Rs 2,500 for re-verification and Rs 100 per question. The total expense could potentially reach Rs 10,000.
“I kindly request CBSE to provide photocopies of my answer sheets under the RTI Act, 2005. Due to high amount,” the applicant stated in his RTI request.
The CBSE’s Central Public Information Officer (CPIO) informed the candidate on July 2, 2025, that after receiving the requisite fee, copies of the requested answer books had been sent to him by email.
The candidate subsequently filed a first appeal, raising questions about blank pages in the answer books, the mathematics moderation policy and the evaluation of his answer sheet. The First Appellate Authority observed that these issues were different from the original RTI queries and sought explanations and analytical responses, the report added.
During the CIC hearing, the CPIO submitted that the answer sheet had been provided after payment of photocopying charges prescribed under the RTI Rules, 2012.
The CPIO also referred to CBSE’s May 19, 2025 circular, which stated that candidates could obtain copies of answer books under the RTI Act but could not seek verification or revaluation under the Act.
The CIC objected to this restriction, observing that preventing a candidate from seeking revaluation merely because the answer sheet had been obtained through RTI goes against the spirit of the RTI Act and Rules.
The commission further held that CBSE cannot rely on other rules or regulations to impose fees or conditions inconsistent with the RTI Act. It cited Section 22 of the Act, which gives the RTI law overriding effect over inconsistent provisions contained in other laws or instruments.
The CIC also referred to the Supreme Court’s April 11, 2019 judgment in ICSI vs Paras Jain, which held that avenues available under an institution’s guidelines and the RTI framework are not mutually exclusive.
The commission accordingly directed that answer scripts sought under the RTI Act be supplied at photocopying rates prescribed under the RTI Rules, 2012. It also cautioned the CPIO to exercise due diligence and recommended that CBSE amend its May 19 circular under Section 25(5) to bring it in conformity with the RTI Act.
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Ask News18The Central Information Commission (CIC) directed CBSE to amend its May 19, 2025 circular because a provision preventing candidates from seeking revaluation after obtaining answer sheets through the RTI Act was found inconsistent with the spirit of the transparency law. The CIC emphasized that the RTI Act has overriding effect over inconsistent provisions in other instruments.
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