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4. The Information Officer of the appellant informed the respondent that with the introduction of the grading system at secondary examination with effect from the year 2010, the appellant had done away with intimating marks and therefore the information sought could not be provided.

5. The respondent preferred the statutory first appeal which was dismissed observing that:

i) the National Policy on Education 1986 and Programme of Action 1992 had provided for recasting of the examination system and suggested that grades be used in place of marks;
ii) that the National Curriculum Framework 2005 also envisaged an evaluation system which would grade the students on their regular activities in the classroom and enable students to understand and focus on their learning gaps and learn through these as part of Formative Assessment;
iii). that the introduction of grades in the examination had been debated by the appellant also and after holding countrywide consultations and deliberations with eminent educationists and experts, the nine point grading system had been introduced in the secondary school examination from the year 2010;

6. The respondent pursued the matter before the CIC. It was the contention of the appellant before the CIC also that, to provide specific marks would be contrary to the policy of introducing the grading system and would undo the grading system. However the appellant, on enquiry by the CIC, confirmed that the marks awarded were available with the appellant in their data. The CIC held that since, the marks were available with the appellant and since none of the exemptions under the RTI Act were attracted to support the non disclosure thereof, the appellant was bound to and directed to provide the information sought.

4.4 Only subject wise grades shall be shown in the "Statement of Subject wise Performance" to be issued to all candidates.
4.5 Subject-wise percentile score / rank at the National level shall be provided to the schools on demand."

10. The appellant has also placed before us the judgment of Division Bench of this Court in Independent Schools' Federation of India (Regd.) Vs. Central Board of Secondary Education 183(2011) DLT 211 upholding the grading system introduced by the appellant and dismissing the challenge thereto. The challenge to the grading system, in the said proceeding also was inter alia on the ground that replacing marks by grades was only a cosmetic change and would mar the quality of education and the concept of grading was virtually an eye-wash. Needless to state that the said challenge was also found to be without any basis and rejected.