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ICSI CANNOT REFUSE TO PROVIDE THE COPIES OF ANSWER SHEET UNDER RTI ACT, 2005 TO ITS STUDENTS - DELHI HC

Students of ICSI can move a RTI to obtain certified copies of their answer sheets.

Landmark Judgement: Paras Jain V. Institute of Company Secretaries of India (LPA 275/2014, order dated 22/04/2014)

As we all knows that, Institute of Company Secretaries of India (herein referred to as “ICSI”) charged a statutory fees of INR 500 per subject/answer books to supply, certified copies of answer books and INR 450 per answer book for providing inspection thereof respectively.

This amount is to be paid through demand draft (“DD”) which should be drawn in favour of “The Institute of Company Secretaries of India”, payable at New Delhi. (As per the guidelines of the ICSI)

One of the students of ICSI, Mr. Paras Jain had applied for the inspection of his answer sheets under the Right to Information Act, 2005 (“RTI Act, 2005”) read with rules made thereunder, but ICSI declined to provide the copies at the rate of INR 2 per page as prescribed under Right to Information Rules, 2012. (“RTI RULES, 2012”).

Mr. Jain preferred a petition before the Delhi High Court asserting that the above stated guidelines are simply design to discourage students of ICSI to inspect their answer sheets under the RTI Act, 2005 read with rules made thereunder.

HELD:

A division bench of Delhi High Court comprises Hon’ble Chief Justice G Rohini and Justice Pradeep Nandrajog held that the demand of the institute i.e., ICSI, asking students for a fee of INR 500 per subject/answer book for obtaining certified copies is “not sustainable”.

The bench referred to the Right to Information (Regulation of Fee and Cost) Rules, 2005 under which Rs 2 shall be charged for each page (A4 or A3 size paper) copied and no extra fee will be charged in the first hour of inspection.

The exact of the judgment is reproduced herein for ease:

...“We dispose of appeal quashing guideline number 3 notified by the respondent (Institute) and declare that for the answer sheets copy is sought by the Appellant (Mr. Jain) he shall be charged fee as per Rule 4 of the Right to Information (Regulation of Fee and Cost) Rules, 2005.

The court also ...added, It is trite that an executive instruction if in violation of a statutory rule or a regulation must yield to the statutory rule or regulation”

CONCLUSION:

As per the aforesaid order, students of ICSI can easily get the certified copies of their answer sheet by just paying a nominal fee of INR 2 per page.

*****

FORMAT OF RTI APPLICATION FOR THE INSPECTION/OBTAINING OF THE ANSWER SHEETS

To,

Mr./Ms. ______________

Public Information Officer, ICSI,

22, Institutional Area, Lodhi Road,

New Delhi-110003

Sub: Application with respect to inspection of answer sheet(s)/obtaining copies of answer sheet(s) as per provisions of RTI Act, 2005 read with rule made therein

Dear Sir/Madam,

This is with reference to the captioned subject, I ____________ (Name of the Student), student of ICSI, having registration number __________________ in the records of ICSI Attempt_____ (Please mention June/December Attempt, Year 20_) and Roll No_____(Please mention your exam Roll No. here), hereby request you to allow me inspection of answer sheet(s)/obtaining copies of answer sheet(s), as per the provisions of RTI Act, 2005, of the following subjects:

1. (Please mention the name of the subjects you want to inspect or desirous for obtaining copies)
2. ...........................................................
3. ...........................................................
4. ...........................................................

Further, I am attaching the Indian Postal Order (IPO) of Rupees 10/- bearing number________ 

(Please Write the number mentioned on IPO) as fees prescribed under RTI Act, 2005.

Yours Sincerely,
Signature of the Student
Name of the Student
Contact No. of the Student
Email Id
Address

The author can also be reached at cspraveensingh111@gmail.com


  

Published by

Praveen Singh
(Company Secretary)
Category Students   Report

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