New Delhi: The Central Information Commission (CIC) has directed the CBSE to provide copies of answer scripts sought under the RTI Act by charging photocopying fees strictly as prescribed under the RTI Rules, 2012.
The commission also recommended that the Central Board of Secondary Education (CBSE) amend its May 19, 2025, circular after finding that a provision restricting candidates from seeking revaluation after obtaining answer sheets under the Right to Information (RTI) Act is inconsistent with the spirit of the transparency law.
The matter arose from an RTI application filed by a Class-10 CBSE board examination candidate, who had sought photocopies of his answer sheets under the RTI Act, citing the high cost of the regular re-evaluation process.
He had also raised concerns over the difficulty of the Class-10 Mathematics Standard Set 3 paper, implementation of the moderation policy and deductions in marks.
According to the application, the re-evaluation process involved Rs 2,500 for the photocopies of five subjects, Rs 2,500 for re-verification and Rs 100 per question, with the total expense potentially reaching Rs 10,000.
“I kindly request CBSE to provide photocopies of my answer sheets under the RTI Act, 2005. Due to high amount,” the applicant had said in his RTI request.
The central public information officer (CPIO) of the board informed the candidate July 2, 2025, that after receipt of the requisite fee, copies of the desired answer books were forwarded to him by email.
The candidate subsequently filed a first appeal, raising questions concerning blank pages in answer books, the moderation policy in mathematics and the evaluation of his answer sheet. The First Appellate Authority said these were different from the original RTI queries and sought explanations and analytical responses.
During the CIC hearing, the CPIO submitted that the answer sheet was supplied after payment of photocopying charges as prescribed under the RTI Rules, 2012.
The CPIO also referred to a CBSE circular dated May 19, 2025, which stated that answer-book copies could be obtained under the RTI Act, but requests for verification or revaluation could not be made under the Act.
The CIC took exception to this restriction, observing that an embargo preventing a candidate from seeking revaluation merely because he obtained an answer sheet through RTI went against the spirit of the RTI Act and Rules.
The commission further said the CBSE could not rely on other rules or regulations to impose fees or conditions inconsistent with the RTI Act. It cited section 22, which gives the RTI Act overriding effect over inconsistent provisions in other laws or instruments.
The CIC also relied on the Supreme Court’s April 11, 2019 judgment in ICSI vs Paras Jain, which held that avenues available under an institution’s guidelines and the RTI framework are not mutually exclusive.
The commission, therefore, directed that answer scripts sought under RTI be supplied by charging photocopying fees strictly according to the RTI Rules, 2012.
It also cautioned the CPIO to exercise due diligence in the future and recommended that the CBSE amend its May 19 circular under section 25(5) to bring it in conformity with the RTI Act.
