The Madras High Court has ordered notices on a writ appeal against a single judge order directing the Public Department to clarify a Government Order that exempts the CB-CID from the purview of the Right to Information Act. A Division Bench of Justice P.K. Misra and Justice K.K. Sasidharan ordered notices to the Tamil Nadu Information Commission, the Chennai City Commissioner of Police and the CB-CID Superintendent of Police, returnable in four weeks.
Vishwanath Swami sought a directive to the authorities to ensure compliance with the Act, besides action against the persons who denied him certain information under the Act. He was a party-in-person â€œtrying to exposeâ€ Kalki Bhagawan and his activities.
He said the single judge order left him at the mercy of the Information Commission, which was reluctant to ensure that its own directives to the authorities were complied with. Besides the details of the investigation carried out by the police, Mr. Swami sought to know whether any departmental action was taken against the investigating officer and other officials named in his complaint.
The Hindu : Tamil Nadu / Chennai News : Exemption of CB-CID from RIA: court orders notice
As reported by Abhinav Garg in timesofindia.indiatimes.com on 13 February 2011:
IIT can't deny JEE record: High Court - The Times of India
IIT can't deny JEE record: High Court
NEW DELHI: The Delhi high court in an important ruling recently has held that a candidate appearing for the prestigious JEE or GATE conducted by the Indian Institute of Technology (IIT) has the right to access information or records relating to the exam under the RTI Act.
Dismissing a petition filed by IIT Delhi against an order of the Central Information Commission, Justice S Muralidhar recently asked the institute to provide information to applicants Navin Talwar and Sushil Kohli who had sought a copy of the 'Optical Response Sheets' or the answer sheets in their RTI plea to IIT-D.
The IIT had claimed immunity from disclosure on the ground that its brochure inviting applicants to appear for the JEE or GATE makes it clear it won't entertain any queries related to ORS, and by filing the RTI the applicants had violated this precondition.
The IIT claimed any qurstion on marks obtained, if entertained, will only lead to demands for regrading and retotalling, even though the institute doesn't entertain any correspondence on it.
But High Court brushed aside the objections, reminding IIT-D of the supremacy of the transparency Act over any other rule.
"The right of a candidate, sitting for JEE or GATE, to obtain information under the RTI Act is a statutory one. It can't be said to have been waived by such candidate only because of a clause in the information brochure for JEE or GATE. In other words, a candidate doesn't lose his or her right under the RTI Act only because he or she has agreed to sit for JEE or GATE," the court observed.
Talwar, a candidate who had taken the JEE last year and Kohli, whose daughter appeared for GATE, filed an RTI plea seeking copies of the ORSs and subject-wise marks of each of the candidates.
On being rebuffed by the public information officer of IIT-Delhi, the duo appealed before the Central Information Commission, which ruled in their favour.