RAJAK KHAN Vs. JAI NARAIAN VYAS UNIVERSITY

JUDGEMENT

(1.) The issue raised in this writ petition concerning respondent charging non-refundable fee of Rs. 1,000/- per answer book for issuing certified copy thereof, has been decided by a Division Bench of this Court on December 21, 2012 in D.B. Civil Writ Petition No. 12471/2012 with reference to Maharaja Ganga Singh University. In the instant writ petition the University is Jai Narain Vyas University.

(2.) Following the law declared by the Division Bench, we quash the condition put by the respondent-University that those who desire inspection or a copy of the answer book would have to pay a fee of Rs. 1,000/-. The fee payable would be as per the Right to Information Act, 2005.

(3.) The controversy reflected in the order dated January 5, 2017 passed by the Division Bench of this Court cannot be resolved at this stage for the reason, the Competent Authority as defined under Section 2(e) of the Right to Information Act, 2005 which is competent to notify the Rules in terms of the power under Section 28 of the Right to Information Act, 2005, has not taken any action. The decision of the University to constitute a Committee to recommend promulgated Rules for amendment of the existing Rules is pending before the Committee as on date and unless a notification contemplated by Section 27 of the Right to Information Act, 2005 is issued this Court cannot go into the said issue.