[caption id=attachment_2086" align="aligncenter" width="400] ICSE vs CBSE[/caption]
The fate of Council for the Indian School Certificate Examinations which conducts the Indian Certificate of Secondary Education (ICSE for Class X & XII) under the RTI Act 2005 is still not decided. However, you cannot get the information from ICSE board under RTI as of now like; certified copies of evaluated answer sheets.
Earlier the Delhi high court in Council For The Indian School ... vs Ajay Jhuria & Anr on 24 July, 2012, observed that "according to the learned counsel for the petitioner since the Council is neither owned nor it is substantially financed and, because of the clear statement made in the said communication dated 24.03.2006, nor is it controlled by Central Government, the question of the Council being regarded as public authority does not arise at all."
High court further states that "we set aside the impugned order passed by the learned Single Judge as also by the Central Information Commission. We leave the question of, whether the Council is a public authority or not within the meaning of The Right to Information Act, 2005, open and to be decided in an appropriate case."
The case came up to CIC hearing on 06.12.2013, wherein Vide RTI dt 4.7.13, appellant had sought certified copies of evaluated answer sheets of Chemistry paper I and Paper II in respect of Shri S.Gleams Raman, their son.
CIC observed that "A perusal of records shows that Shri OP Kejriwal, Information Commissioner, in appeal no. CIC/OK/A/2006/00303 dt 24.10.08 had held the Council for the Indian School Certificate Examination as a public authority. This order of the Commission had been upheld by the Single Bench of the Delhi High Court vide their order dt 30.5.11 (W.P.©8537/2008 and CM 16410/2008). Subsequently on an appeal filed by the ISCE(LPA 617/2011) a Division Bench of the High Court of Delhi vide their judgement delivered on 24.7.12, had observed as follows:
“5. In view of this offer given by the learned counsel for the petitioner, we feel that we need not go into the question whether the Council is a public authority or not, however, we set aside the impugned order passed by the learned Single Judge as also by the Central Information Commission. We leave the question of, whether the Council is a public authority or not within the meaning of the Right to Information Act, 2005, open and to be decided in an appropriate case.”
In the light of the above decision of the Hon’ble Delhi High Court, the appeal was disposed of by Sh. Rajiv Mathur, Central Information Commissioner. The decision can be downloaded from here: http://rti.cc/34
Appellant: Shri S.G. Raman, Ranchi
Public Authority: Council For The Indian School
Certificate Examination, New Delhi
Date of Hearing: 06.12.2013
Date of decision: 06.12.2013
(Rajiv Mathur), Central Information Commissioner
ICSE vs CBSE - only one is under RTI!
However, if you read the 'About the Council' Page, following is stated
It's an irony that one one hand CBSE is under RTI ICSE is not. what's your views?
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