AKRITI AGGARWAL Vs. GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY

JUDGEMENT

(1.) The present petition, filed by the petitioner under Article 226 of the Constitution of India, is directed against the respondent - Guru Gobind Singh Indraprastha University. The petitioner is seeking direction to the respondent to provide certified copies of answer scripts by charging the fee prescribed under the Right to Information Rules, 2012, in the event of a candidate making a request to the respondent for seeking information of his/her answer scripts under the Right to Information Act, 2005. To seek the said relief, the petitioner places reliance on the judgment of the Supreme Court in the case titled as Institute of Companies Secretaries of Inida (ICSI) Vs. Paras Jain in Civil Appeal No. 5665/2014 decided on 11/4/2019, by the Division Bench. The Supreme Court in this decision has, inter alia, observed as under:-

(2.) The respondent - University has filed its counter affidavit. The same is, however, not on record as it was returned under objections. Mr. Parvinder Chauhan, learned counsel who appears on behalf of the respondent has tendered in Court the hard copy of the counter affidavit, which is taken on record.

(3.) The submission of learned counsel for the petitioner is that the respondent - University is a Public Authority and bound by the provisions of the Right to Information Act, 2005. He further submits that the Central Government has framed the aforesaid Rules in the year 2012 and in Rule 4 thereof, the fee for providing information is prescribed (a) Rs.2.00 for each page (in A-4 or A-3 size paper) created or copied; (b) actual charge or cost price of a copy in larger size paper; and (c) actual cost or price for samples or models. He further submits that the respondent is, however, demanding Rs.1,500.00 as fees for providing the answer scripts in any subject. It is further submitted that this is contrary to Rule 4 of the Right to Information Rules, 2012, and, therefore, cannot be enforced. He further submits that since the petitioner has right to apply under the Right to Information Act, 2005, to seek the answer scripts, the respondent is bound to follow the aforesaid Rules framed under the Right to Information Act, 2005.