Central Information Commission
Mr. Rakesh Kumar Gupta vs Central Board Of Secondary Education on 5 May, 2009
CENTRAL INFORMATION COMMISSION
Club Building, Old JNU Campus,
Opp. Ber Sarai, New Delhi -110 067.
Tel: + 91 11 26161796
Decision No. CIC/SG/A/2009/000169/3088
Appeal No. CIC/SG/A/2009/000169
Relevant Facts emerging from the Appeal
Appellant : Mr. Rakesh Kumar Gupta,
159, SFS DDA Flats, C&D Block,
Shalimar Bagh, New Delhi-110088.
Respondent : Mr. K.K. Jain,
Asstt. Sec. (Legal) & APIO, Central Board of Secondary Education, PS 1-2, Institutional Area, I.P.Extn.
Patparganj, Delhi-110092.
RTI application filed on : 19/11/2008 PIO replied : 16/12/2008 First appeal filed on : 20/01/2009 First Appellate Authority order : not replied. Second Appeal filed on : 28/01/2009
The appellant had asked in his RTI application Information of Xth results and Information of XIIth results; provide results in the soft copy (in DVD) of the first 10000 student in (Total number of compulsory subject) number of X & XII Class. Inspection of all the records used to provide the above information.
1. Information of Xth results is furnished below:-
S. No. Information Sought. The PIO replied.
a. Number of revaluation / rechecking /re-totally 8687 application received.
b. No error found in request mentioned in point 1 (A) 8286
c. Error found in request mentioned in point 1 (A) 401
d. Further classification of information in point 1 ( C) N/A
i. Revaluation error ------
ii. Re-totalling error 135
Iii Others (kindly specify) ------
2. Information of XIIth results is also furnished below:-
S. No. Information Sought. The PIO replied. a. Number of revaluation / rechecking /re-totally 14406 application received.
b. No error found in request mentioned in point 1 13642 (A) c. Error found in request mentioned in point 1 (A) 764 d. Further classification of information in point 1 ( ------
C)
i. Revaluation error ------
ii. Re-totally error 271
Iii Others (kindly specify) ------
3. Kindly provide soft copy (in DVD) of results in The information asked by you is which errors 1 © & 2 © are found. The subject, exempted under section 8 (1) (e) number before request in subject and after the since CBSE Shares fiduciary checking and their roll numbers. relationship with its evaluators and maintain confidentiality of both manner and method of evaluation.
4. Kindly provide results in the soft copy (in DVD) The large public interest does not of the first 10000 student in (Total number of warrant the disclosure of such compulsory subject) number of X & XII Class. information desired by you.
5. Inspection of all the records used to provide the Central Information Commission on above information. appeal No. ICPB/A-3?CIC/2006 dated 10.02.2006 and judgment dated 23.04.2007 has also ruled out such disclosure.
The Fist Appellate Authority Ordered:
"I have gone through the original application dated 19/11/2008, the information furnished by the APIO, CBSE vide letter/reply no. ROD/RTI/F.N-180/08/123 dated 16/12/2008 and the other relevant records. After analyzing the whole materials, I found that the learned APIO had furnished all the information sought by you through application dated 25/12/2008".
Relevant facts emerging during hearing The following were present.
Appellant: Mr. Rakesh Kumar Gupta Respondent: Ms. Babita on behalf of Mr. K. K. Jain APIO The appellant states that in queries 1 and 2 no classification of error has been given for the 'others'. The respondent states that the 'others' represent unassessed/unchecked etc. The PIO will check this and give a clear reply to the appellant. For query 3 the PIO will provide the list without the addresses of the candidates. The PIO will also facilitate an inspection of the records on Computer and give the data relevant to this RTI application to the appellant.
Decision:
The Appeal is allowed.
The PIO will give the information mentioned above to the appellant before 15 May 2009. The PIO will also give the inspection of the records on computer along with copies on CD free of cost to the appellant.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties Shailesh Gandhi Information Commissioner 5 May 2009 (For any further correspondence, please mention the decision number for a quick disposal)