CENTRAL BOARD OF SECONDARY EDUCATION Vs. ADITYA BANDOPADHYAY

JUDGEMENT

(1.) Leave granted. For convenience, we will refer to the facts of the first case.

(2.) The first Respondent appeared for the Secondary School Examination, 2008 conducted by the Central Board of Secondary Education (for short CBSE or the Appellant). When he got the mark sheet he was disappointed with his marks. He thought that he had done well in the examination but his answer-books were not properly valued and that improper valuation had resulted in low marks. Therefore he made an application for inspection and re-evaluation of his answer-books. CBSE rejected the said request by letter dated 12.7.2008. The reasons for rejection were:

(3.) Feeling aggrieved the first Respondent filed W.P. No. 18189(W)/2008 before the Calcutta High Court and sought the following reliefs: (a) for a declaration that the action of CBSE in excluding the provision of re-evaluation of answer-sheets, in regard to the examinations held by it was illegal, unreasonable and violative of the provisions of the Constitution of India; (b) for a direction to CBSE to appoint an independent examiner for re-evaluating his answer-books and issue a fresh marks card on the basis of re-evaluation; (c) for a direction to CBSE to produce his answer-books in regard to the 2008 Secondary School Examination so that they could be properly reviewed and fresh marks card can be issued with re-evaluation marks; (d) for quashing the communication of CBSE dated 12.7.2008 and for a direction to produce the answer-books into court for inspection by the first Respondent. The Respondent contended that Section 8(1)(e) of Right to Information Act, 2005 (RTI Act for short) relied upon by CBSE was not applicable and relied upon the provisions of the RTI Act to claim inspection.