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TMI Blog2019 (2) TMI 1111X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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. - Appeal No. ISBBI/A/2018/00018 (F. No. IBBI/RTI/RISHABH KAPOOR/207) - - - Dated:- 2-1-2019 - Dr. Navrang Saini, Whole Time Member and First Appellate Authority ORDER 1. The present Appeal No. ISBBI/A/2018/00018 dated November 29, 2018 received in the office of the First Appellate Authority ( FAA ), Insolvency and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xamination, Frequently Asked Questions provided thereto on the website. 4. The appellant raised the present appeal on the ground that- ( i) the order of the respondent is of not supplying the information is contrary to the provisions of the Right to Information Act, 2005. ( ii) the respondent erred in law by relying the IBBI-Limited Insolvency Examination Frequently Asked Questions provided on the official website of the Board. ( iii) Since the F Q are only the opinion of the statute or the regulations of a particular person, they do not have the force of the regulations and therefore could not be considered at all. ( iv) By virtue of the section 22 of the Right to Information Act, 2005, the provisions of the Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ein Hon ble Supreme Court lay down that though the question papers, solutions/model answers and instructions in regard to any particular examination may not be disclosable before the examination is held but the position will be different once the examination is held in as much as the disclosure of question papers, model answers and instructions in regard to any particular examination would not harm the competitive position of any third party once the examination is held. It was further held that examining body should change their old mindsets and tune them to a new regime of disclosure of maximum information . 8. The appellant also relied upon the Hon ble Delhi Court decision in the matter of Rajat Mann vs. Guru Gobind Singh Indra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lity of the examination process but would endanger the safely of the public. 10. The respondent further submitted that while deciding similar issue in Manish Kumar Sharma vs. CPIO, NBE [CIC/YA/A/2014/001131] , the Bench of the Hon ble Central Information Commission upon a purposive interpretation of Section 8 of the RTI Act, 2005 held that: In light of the facts brought out by the respondent, the Commission accepts the contention that examination under reference falls in the category of Super Speciality and as such, the question papers model answers thereof cannot be disclosed to the appellant... 11. The present RTI appeal has been examined and I have perused the response provided by the respondent in respect of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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