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The Central Information Commission has directed the Central Board of Secondary Education to disclose "point-wise categorical" information, permissible nether the Right to Information Act, related to expenditure connected exams and details of reply books, including the tendering and procurement process, for Class 10 and 12 committee examinations.
After mounting speech the CBSE's earlier denial of accusation nether the RTI, the transparency sheet asked it to furnish revised replies and said that the accusation exempt from disclosure whitethorn beryllium redacted oregon masked nether Section 10 of the RTI Act, portion immoderate denial nether Section 8(1)(d) should beryllium decently justified.
The lawsuit arose from an RTI exertion seeking details of reply books utilized successful Class 10 and 12 committee examinations during the 2023-24 and 2024-25 sessions, including insubstantial quality, fig of pages, size, acquisition cost, full expenditure, GST payments and details of the tender process for procurement of reply sheets.
In its response, the CBSE disclosed definite specifications of the reply books, stating that the insubstantial utilized ranged from 60 GSM to 120 GSM, reply books contained 8, 20, 32, 40 oregon 48 pages and were disposable successful sizes of 22 x 28 cm and 37.5 x 54.5 cm.
The committee besides said records regarding the value of idiosyncratic reply books were not maintained.
However, accusation relating to the acquisition outgo of reply books, the fig purchased and full expenditure incurred connected procurement was denied nether Section 8(1)(e) of the RTI Act.
On queries regarding the tender process, names of participating firms, rates quoted and vendor selection, the CBSE said the substance was related to "confidential" and "sensitive" activities of committee examinations and claimed exemption nether sections 8(1)(d), 8(1)(e) and 8(1)(g) of the Act.
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The committee besides stated that expenditure information for introspection fees was maintained connected a fiscal twelvemonth ground alternatively of world sessions and declined to supply circumstantial expenditure details. It besides informed the applicant that expenditure connected applicable examinations was booked nether a broader expenditure caput and could not beryllium segregated separately.
The appellant challenged the effect earlier the CIC, arguing that larger nationalist involvement and transparency warranted disclosure of accusation relating to procurement and expenditure.
Information Commissioner Sudha Rani Relangi observed that the halfway contented successful the entreaty was the denial of accusation related to the "tender process for acquisition of reply expanse and different related stationary materials" contempt the appellant's contention that larger nationalist involvement justified disclosure.
The Commission recovered that the Central Public Information Officer (CPIO) had denied accusation nether aggregate exemption clauses "without giving immoderate due justification successful this regard".
It besides noted that the CPIO neither appeared during the proceeding nor filed immoderate written connection to warrant the denial of information.
"Accordingly, the impugned reply of the CPIO dated 18.03.2025 successful the lack of immoderate justification for denial of the accusation sought, is hereby acceptable aside," the CIC said.
Referring to transparency successful nationalist procurement, the Commission observed that "time and again" the Supreme Court and the CIC had emphasised that specified exemptions indispensable beryllium construed strictly to guarantee accountability successful nationalist procurement and contracts by nationalist authorities.
"Now, considering the averments of the Appellant during proceeding regarding irregularity connected specified tenders, the Commission, deems it fit, to direct, CPIO to revisit the contents of the RTI exertion successful question and supply a revised point-wise categorical replies on with applicable permissible accusation that tin beryllium provided arsenic per the provisions of the RTI Act, 2005," the CIC said.
The CIC further said the CPIO ought to person disclosed permissible accusation portion redacting lone those portions exempt from disclosure nether the RTI Act.
"Information which are exempted from disclosure beryllium redacted/masked nether Section 10 of the RTI Act, 2005. In lawsuit the accusation sought is covered nether Section 8 (1)(d) of the RTI Act, 2005, the CPIO whitethorn warrant specified denial by giving justification nether Section 19 (5) of the RTI Act, 2005," the bid said.
Section 8 (1) (d) deals accusation specified arsenic commercialized confidence, commercialized secrets oregon intelligence property, the disclosure of which would harm the competitory presumption of a 3rd party, unless the competent authorization is satisfied that larger nationalist involvement warrants the disclosure of specified information.
