CBSE v. Aditya Bandopadhyay
Yes. The Supreme Court held that an evaluated answer book is "information" under the RTI Act. An examinee can inspect and obtain a copy of the evaluated answer book, unless the public authority proves that a specific RTI exemption applies.
Issue before the court
Can an examinee inspect and obtain a copy of their evaluated answer book under the RTI Act, or can the examining body refuse disclosure by claiming fiduciary relationship under Section 8(1)(e)?
Facts in brief
An examinee sought inspection and copies of evaluated answer scripts. CBSE refused, relying on its examination bye-laws and claiming that evaluated answer books were held in a fiduciary capacity. The dispute reached the Supreme Court after the High Court directed disclosure.
Holding / decision
The Supreme Court held that evaluated answer books are "information" under Section 2(f). The Court also held that an examining body does not hold evaluated answer books in a fiduciary relationship for the purpose of Section 8(1)(e). Therefore, examinees can inspect and obtain copies of evaluated answer books, subject to applicable RTI fees, copying charges, record-retention rules, and severance of protected information.
Rules or bye-laws of an examining body cannot override the RTI Act where the information is otherwise accessible. A public authority must point to a specific exemption under Section 8 if it wants to deny access.
If you are a student, candidate, or exam applicant, you can use RTI to request your evaluated answer sheet or answer book from a public examination body. If the authority refuses only by saying "fiduciary relationship" or "our rules do not allow it," this case is a strong authority to cite.
What RTI can help you get
- Inspection of the evaluated answer book
- Certified copy of the evaluated answer book
- Marks awarded question-wise, where available in the record
- Copy of relevant evaluation / verification record, subject to rules and exemptions
What RTI may not give you
- Automatic revaluation
- Increase of marks
- Examiner identity
- Records destroyed under valid retention rules
- Information exempt under the RTI Act
When to cite this case
Use this case when an exam board, university, recruitment body, or public examination authority refuses: evaluated answer sheet copy; answer book inspection; certified copy of evaluated answer script; disclosure on the ground of fiduciary relationship; disclosure because internal rules/bye-laws prohibit inspection.
Later developments / current status
This remains a leading Supreme Court authority on access to evaluated answer books under RTI. However, exam bodies may still rely on record-retention rules, statutory exam rules, or limited exemptions in specific cases. Applicants should file quickly after results and ask for existing records.
Source & verification
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