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In our opinion no. Information which is forbidden by law or information of a nature, if disclosed, would defeat the provisions of any law or disclosure whereof is opposed to public policy, cannot be regarded as lawful and is to be ignored and no disclosure thereof can be made or directed to be made.- HC
Once a purposive interpretation is given to Section 8, it will be found that information forbidden to be published [Section 8(1)(b)] and information available in fiduciary relationship [Section 8(1)(e)] is exempt.
In our opinion, even though there is no express order of any court of law forbidding publication of marks [as is the want of Section 8(1)(b)] but the effect of bringing the regime of grades in place of marks and of dismissal of challenge thereto, is to forbid publication/disclosure of marks. Similarly, in the evaluation process prescribed by appellant, for guidance of its examiners, marks are only to arrive at a grade, perhaps as aforesaid to acquaint the examiners with the grading system and as a transitory stage in the shift from marks to grades.
RTI was filed upon the State Education Board seeking a copy of the "Combined Marksheet" of Std-12 final Board exam results of a particular school. There is no doubt whatsoever that the information requested is maintained by the State Education Board. Despite this being so, to avoid giving information, the State Education Board transferred my RTI Application to the school. As the school has never ever furnished any information even in the past, there is no chance whatsoever that the school will furnish this information to me because it is going to expose a major scam.
what recourse do I have in such a case where, the State Education Board "transfers" my application despite possessing the information themselves ?
(1) should I file complaint with SIC U/s 18 against the PIO of the State Education Board ?
(2) should I wait till the school replies/fails to supply the information and then go through the 1st Appeal and 2nd Appeal process and then upon still no info. Being supplied approach High court ?
With the 2nd Appeals taking 18-24 months to come up for hearing, it appears that the authorities are abusing RTI Act to delay giving of information for at least 18-24 months !