2019 (2) TMI 1111 - Board - Insolvency and Bankruptcy

RTI Application - appellant sought information pertaining to the Limited Insolvency Examinations - Held that - The disclosure of corresponding questions would result in IBBI incurring a huge expenditure since the setting up of question papers entails intellectual efforts and related expenditure. As a consequence of the increase in expenditure, the Board may also be required to off-set the estimated surge by increasing the examination fee, to be submitted by potential insolvency professionals, by a considerable amount. Henceforth, the opportunity cost of disclosing the question is vast and against the public interest. Though the Respondents have vehemently opposed providing of question paper and answers in the RTI query. However, in the interest of justice, the Appellant may be allowed inspection of electronic copy pertaining to the information asked for. The CPIO is directed to facilitate the inspection of electronic copy of the same within three weeks of this order at the convenience of the appellant.

Summary

Issues:
1. Right to Information Act, 2005 - Disclosure of information related to Limited Insolvency Examinations sought under RTI Request.
2. Conflict between provisions of RTI Act, bye-laws/rules of examining bodies, and confidentiality of examination questions.
3. Applicability of judicial precedents in determining disclosure of examination-related information.

Analysis:
1. The appeal involved a dispute regarding the disclosure of information related to Limited Insolvency Examinations under the Right to Information Act, 2005. The appellant sought details such as question papers, answer sheets, and answer keys for a specific examination. The respondent, CPIO, cited sub-clause (2) of clause (20) of the IBBI-Limited Insolvency Examination, Frequently Asked Questions, to deny the requested information.

2. The appellant contended that the respondent's refusal to provide the information was contrary to the provisions of the RTI Act, 2005. The appellant argued that the provisions of the Act should prevail over the bye-laws/rules of the examining bodies. Citing judicial precedents, including a Supreme Court decision, the appellant emphasized the importance of disclosure of examination-related information post-examination to ensure transparency and fairness.

3. During the personal hearing, the appellant referenced various judicial decisions, such as Central Board of Secondary Education vs. Aditya Bandopadhyay and Institute of Chartered Accountants of India vs. Shaunak H. Satya, to support the argument for disclosure of examination-related information post-examination. The respondent, on the other hand, highlighted the confidentiality and integrity of examination questions, stating that their disclosure could compromise the examination process and public interest. The respondent also cited a decision by the Central Information Commission in a similar case to support their stance.

4. The final decision balanced the interests of transparency and confidentiality. While acknowledging the concerns raised by the respondent regarding the confidentiality of examination questions, the appellate authority directed the CPIO to allow the appellant to inspect an electronic copy of the requested information within three weeks. This decision aimed to uphold transparency while considering the financial implications and public interest involved in disclosing examination questions.