CBSE compelling RTI applicants to sign undertakings illegal. The Commission directs the CBSE to put in place such system with conducive practices by which the Right to information of the appellants is not limited but facilitated, by removing the obstacles such as undertaking to give up their legal rights, Prof. Sridhar Acharyulu said in his order.
The Central Information Commission directed the Central Board of Secondary Education (CBSE) to furnish the copies of answer-scripts sought for by the father of a student, and to pay a compensation of Rs.25, 000 to the parent for harassing him and compelling him to sign illegal undertaking to give up rights. The Information Commissioner also issued show cause notice to then CPIOs of CBSE who refused information sought for.
Rejecting the grounds on which the CBSE denied the natural guardian from exercising his legal duty to secure the legal interests of his son including his right to information the information commissioner Prof. M. Sridhar Acharyulu said “The CBSE has no authority to impose such restriction on the rights of minor and his guardian.”
The Commission also directed the CBSE to put in place such system with conducive practices by which the Right to information is not limited but facilitated, by removing the obstacles such as undertaking to give up their legal rights.
The father of a student had sought copies of the answer sheets of his son for the subjects Maths and Science of 12th Class examination appeared in 2013. The CPIO by his letter dated 692013 had refused to give the information sought. On his first appeal, the FAA in its order held that, as it is the father of the candidate whose signature is appearing on the RTI application, it does not tally with the signature on the admit card and hence the appeal cannot be allowed.
The CBSE’s justification for refusing the application was the following.
Rejecting these contentions, the commission held the following