2014 (4) TMI 1243 - HC - Indian Laws

Jurisdiction - Section 27 of the Right to Information Act 2005 - HELD THAT - 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. The demand by the respondents from the petitioner to pay fee in sum of 500/- per subject/answer book copy whereof is sought is not sustainable. Appeal disposed off.

Summary

Issues: Interpretation of guidelines for providing certified copies of answer books to students and the applicability of the Right to Information (Regulation of Fee and Cost) Rules, 2005.

Analysis:

1. The judgment is based on a case where the appellant challenged the respondent's guidelines for providing certified copies of answer books to students. The guidelines required a fee of Rs. 500 per subject/answer book copy, while the appellant argued that the fee should be as per Rule 4 of the Right to Information (Regulation of Fee and Cost) Rules, 2005.

2. The court noted that the guidelines issued by the respondent for providing certified copies of answer books specified a fee of Rs. 500 per subject/answer book copy. However, the court highlighted that the Central Government had promulgated the Right to Information (Regulation of Fee and Cost) Rules, 2005, which outlined specific fee structures for providing information under the Right to Information Act, 2005.

3. The court emphasized that an executive instruction must yield to a statutory rule or regulation if it is in violation thereof. In this case, the court found that the demand by the respondent for a fee of Rs. 500 per subject/answer book copy was not sustainable as it conflicted with Rule 4 of the Right to Information (Regulation of Fee and Cost) Rules, 2005.

4. Consequently, the court disposed of the appeal by quashing guideline No.3 notified by the respondent and declared that for the answer sheets copy sought by the appellant, he should be charged a fee as per Rule 4 of the Right to Information (Regulation of Fee and Cost) Rules, 2005. The judgment did not impose any costs on either party.

5. In conclusion, the judgment clarified the application of statutory rules over executive instructions and upheld the appellant's argument regarding the fee structure for obtaining certified copies of answer books, thereby providing a clear directive for future similar cases.