University Can't Levy Internal Fee For Answer Scripts Sought By Student Under RTI Act: CIC
The Central Information Commission (CIC) has held that a University cannot impose internal fee for proving copies of answer script, when the information was sought by the student under the Right to Information Act, 2005.Information Commissioner Sudha Rani Relangi was dealing with the appeal preferred by a student of Patharkandi College affiliated with Assam University.The student had...
The Central Information Commission (CIC) has held that a University cannot impose internal fee for proving copies of answer script, when the information was sought by the student under the Right to Information Act, 2005.
Information Commissioner Sudha Rani Relangi was dealing with the appeal preferred by a student of Patharkandi College affiliated with Assam University.
The student had approached the university under the RTI Act on November 21, 2025, seeking a photocopy of his evaluated answer script for the Philosophy paper. He had secured 35 out of 70 marks and sought the script to verify the evaluation.
The university's CPIO, in response, demanded an additional ₹1,000, stating that the payment was required for processing the RTI request. The First Appellate Authority subsequently upheld the demand, stating that Assam University, being an autonomous body, had fixed a charge of ₹1,000 per answer script.
The appellant challenged this order before the CIC and argued that the university was a public authority under the RTI Act and was therefore bound by the statutory fee structure prescribed under the RTI Rules. It was submitted that the applicable rules permitted a charge of ₹2 per page for information supplied under the Act and did not authorise a public authority to impose a fixed institutional fee of ₹1,000 for an answer script.
The appellant also relied on Section 22 of the RTI Act, which gives the Act overriding effect over inconsistent laws, rules or instruments.
Reliance was also placed on the Supreme Court's decisions in CBSE v. Aditya Bandopadhyay and Ors. [Civil Appeal No. 6454 of 2011] and ICSI v. Paras Jain [Civil Appeal No. 5665/ 2014], concerning access to evaluated answer books under the RTI framework.
The CPIO submitted that the ₹1,000 fee was being charged pursuant to an Assam University notification dated June 18, 2023. It was further submitted that the University is an autonomous body which can establish its own rules. It was also pointed out that the appellant had previously sought similar information and paid the prescribed fee.
The CIC agreed with the submission of the appellant and noted that the demand of additional fees of Rs. 1,000/- by the CPIO for evaluated answer scripts of Appellant when the information has been sought under RTI Act, 2005 is not within the confines of RTI Act.
“Under RTI Act, 2005, it is not permissible to take umbrage of any other rules and regulations for supplying the information or stipulating the fees for supply of copy of documents which is inconsistent with the provisions of the RTI Act, 2005 and the Rules made thereunder,” the Commission observed.
The Commission noted that Section 22 of the RTI Act operates as a non-obstante provision where other rules or bye-laws are inconsistent with the Act.
The CIC also relied on the Supreme Court's ruling in ICSI v. Paras Jain, wherein the Court held that institutional mechanisms for obtaining answer scripts and the RTI route are independent and not mutually exclusive. A candidate choosing to obtain information under the RTI Act would therefore be required to pay charges in accordance with the RTI Rules.
The CIC thus held that the CPIO was obliged to provide the answer script sought under the RTI Act by charging only photocopying fees prescribed under the RTI Rules, 2012.
The CIC set aside the university's decision and directed the CPIO to furnish his evaluated answer script free of cost within two weeks from receipt of the order, with due intimation to the Commission.
The appeal was accordingly disposed of.
Case Title: Ahmed Shakir v The CPIO and Ors.