University of Delhi has prescribed fee of Rs 750/- for supply of copy of an evaluated answer script u/s 7(3) - Delhi HC decision in the matter of ICSI V/S Paras Jain has been stayed by Hon’ble Supreme Court - CIC Full bench: matter adjourned
1. This is in furtherance to earlier hearings in the matter, last held on 14/08/2013. The following issues were framed on the hearing held on 17.07.2013:
(a) Whether the University of Delhi has prescribed fee of Rs 750/- for supply of copy of an evaluated answer script under section 7(3) of RTI Act and ,if yes, whether this fee is reasonable in the facts and circumstances of the case; and
(b) If not, whether this fee has been prescribed under the Regulation of the University by the officers duly authorized there under. The hearing was adjourned and Advocate Sh Chhiber was advised to file written representation on the above issues on behalf of the University.
2. Sh Chibber , Advocate submitted that written submissions dated 14/08/2013 have been submitted by him and a copy is again submitted . The Commission has perused the same and taken on record. He also submitted that Sh Paras Jain and 3 others have filed Writ Petition in Delhi High Court against University of Delhi , ICAI and CBSE with a prayer to quash the rules / regulations /guidelines framed for providing the copies of answer sheets, wherein exorbitant charges are being claimed. A copy of writ petition is provided to the Commission and taken on record.
3. Sh Chibber Advocate objected to the presence of Sh R K jain as Intervenor. Sh Jain submitted that he be allowed to represent in the matter as amicus curiae to the Commission. The Commission overruled the objection of Sh Chibber, Advocate and permitted Sh Jain to present the case.
4. Sh Jain submitted that he has filed his written submissions dated 16.08.2013 and a copy is again given which is taken on record. Sh Jain also informed that vide his letter dated 26.04.2014 addressed to the Commission he has sent a copy of decision of Hon’ble Delhi High Court in LPA 275/2014 titled Paras Jain V/S Institute of Companies Secretaries of India, wherein the following is observed:
“5. It is trite that an executive instruction if in violation of a statutory rule or a regulation must yield to the statutory rule or regulation.
6. Thus, the demand by the respondents from the petitioner to pay fee in sum of Rs. 500/- per subject/answer book copy whereof is sought is not sustainable.
7. We dispose of appeal quashing guideline No.3 notified by the respondent and declare that for the answer sheets copy whereof is sought by the appellant he shall be charged fee as per Rule 4 of the Right to Information (Regulation of Fee and Cost) Rules, 2005.”
5. He also submitted that the above decision has been stayed by Hon’ble Supreme Court vide its order dated 09/05/2014 in SLP (Civil) No. 12692/2014 in the matter of ICSI V/S Paras Jain. A copy of said order is submitted to the Commission. 29.05.2014 Interim Order As the Hon’ble Supreme Court and Hon’ble High Court of Delhi are seized of the matter which is the subject matter of adjudication before the Commission, the appeal is adjourned until the matter is decided by the Hon’ble Courts.
(Madabhushanam Sridhar Acharyulu) (Yashovardhan Azad)
Information Commissioner Information Commissioner
Chief Information Commissioner
Citation: Shri Tehsildar Shri Jugal Kishore v. University of Delhi in File No. CIC/RM/A/2012/000512/LS CIC/RM/A/2012/000540/LS