Question papers and answer sheets of AIIMS MCh exam not to be disclosed under RTI
On a petition of the All India Institute of Medical Sciences (AIIMS), a division bench of acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw has set aside an order of the Central Information Commission (CIC) asking AIIMS to provide certified copies of original questions papers and also answer sheets of super-speciality entrance exam for Master of Chirurgical (MCh) conducted between 2005 and 2010.
Dr. Vikrant Bhuria S/o Shri Kantilal Bhuria (ex-Minister) had filed an application under the RTI Act seeking certified copies of original questions papers of all MCh exam conducted between 2005 and 2010 and also the certified copies of correct answers of all respective questions conducted for the same duration. The information was refused by AIIMS claiming that the questions are prepared and edited by AIIMS and therefore remain the intellectual property of AIIMS. He filed an appeal to the CIC which directed the AIIMS to provide the information. The order of the CIC was upheld by the single bench of Delhi HC.
While ruling against the disclosure, the Double bench of the High Court referred to a Supreme Court judgment in which it was held that preservation of confidentiality of sensitive information cannot be ignored or sacrificed.