Central Information Commission
Mr.Anil Kumar Kathpal vs Ministry Of Human Resource Development on 27 September, 2011
1
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama
Place, New Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Appeal : No. CIC/DS/A/2011/000415
Appellant /Complainant : Shri Anil Kumar Kathpal,
New Delhi
Public Authority : Central Board of
Secondary Education
Delhi (Sh. M.K. Arora, Dy.
Secy/CPIO &
Ms Kavita Vazirani,
Asstt.Secy)
Date of Hearing : 27 September 2011
Date of Decision : 27 September 2011
Facts:
1. Shri Anil Kumar Kathpal, submitted RTI application dated 26 August 2010 before the CPIO, CBSE, New Delhi to seek information pertaining to subject grades awarded to his daughter Ms Arushi Kathpal in secondary school examination (class X) - enclosed herewith as Annexure A.
2. Vide CPIO order dated 28 September 2010, appellant was denied disclosure of information on the grounds that owing to introduction of grading system at Secondary Examination with effect from 2010 exam, Board has discontinued with intimating of marks.
3. Appellant preferred appeal dated 13 October 2010 before the first appellate authority.
4. Matter was decided vide FAA order dated 16 November 2010 in which the order of the CPIO was upheld and appellant was informed that the Cumulative Grade Point Average has already been provided in the statement of Subject Wise Performance along with formula for calculating the indicative percentage of marks, subject wise and overall have also been provided in the Statement of Subject Wise Performance.
5. Being aggrieved and not being satisfied by the above orders, the appellant moved the Commission in second appeal.
Appeal : No. CIC/DS/A/2011/000415 2
6. Matter was heard today. Both parties were present as above in person and made submissions. Respondent submitted that it would be contrary to government policy to provide specific marks awarded for each subject and the government had, in an effort to reform the existing system moved in favour of the grading system. However it was confirmed by respondent that the marks awarded to the candidates were available with them in their database. Appellant stated that the RTI Act could not be overridden by government policy in respect of order of grading system in preference to awarding subject wise marks to students. Appellant, in response to query from the Commission, stated that his daughter was currently a student of class 12 and gave his consent in case the Commission chose to speak with his daughter to obtain her submission for disclosure of information that was personal to her.
Decision notice
7. Accordingly, recognizing the right of the child to exercise her right to providing consent / denial of consent for disclosure of information pertaining to her performance in the examination for class X, I have spoken to her after approaching the principal of the school (as per the provisions of section 11 of the Act) and Ms Arushi Kathpal has given her consent for disclosure of information as requested by the appellant who is her father. While Commission recognizes the fact that the Ministry of HRD has taken certain laudatory steps in reforming the education sector for the benefit of students, it cannot be gainsaid that none of the exemption sections within the RTI Act are attracted to support the nondisclosure of the information sought by the appellant. Accordingly CPIO, CBSE is directed to provide the information sought by the appellant to him within two weeks of receipt of the order.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Under Secretary & Dy. Registrar Tel. No. 01126105027 Copy to: Appeal : No. CIC/DS/A/2011/000415 3
1. Shri Anil Kumar Kathpal House No. 28/125, West Patel Nagar New Delhi110008
2. The CPIO Dy.Secy.(Coord.) Central Board of Secondary Education Shiksha Kendra, 2, Community Centre Preet Vihar, Delhi110301
3. The Appellate Authority Controller of Examination Central Board of Secondary Education Shiksha Kendra, 2, Community Centre Preet Vihar, Delhi110301 Appeal : No. CIC/DS/A/2011/000415