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TMI Blog2019 (4) TMI 1629X X X X Extracts X X X X X X X X Extracts X X X X ..... he Right to Information (Regulation of Fees and Cost) Rules, 2005 which also entitles the candidates to seek inspection and certified copies of their answer scripts. In our opinion, the existence of these two avenues is not mutually exclusive and it is up to the candidate to choose either of the routes. Thus, if a candidate seeks information under the provisions of the Right to Information, then payment has to be sought under the Rules therein, however, if the information is sought under the Guidelines of the appellant, then the appellant is at liberty to charge the candidates as per its guidelines. Such quashing was done despite no prayer being made to that effect on behest of the respondent, quashing of Guideline No.3 was unwarranted. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the statutory council of the appellant. It is to be noted that the respondent obtained the said information under the Right to Information Act, 2005. 3. Being aggrieved by the demand made by the appellant, the respondent preferred a Writ Petition before the Delhi High Court wherein the Learned Single Judge dismissed the petition. A Letters Patent Appeal was thereafter preferred by the respondent wherein, the Division Bench quashed Guideline No.3 notified by the appellant and held that the appellant can charge only the prescribed fee under Rule 4, The Right to Information (Regulation of Fees and Cost) Rules, 2005. 4. The short issue before us is when the answer scripts of appellant's examination is sought whether the fee prescribed u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... med by the examination committee of statutory Council under the Company Secretaries Act, 1980. 7. Having heard the learned counsels appearing for the parties and we have also meticulously perused the record. 8. The appellant is governed by the provisions of Company Secretaries Act, 1980 and under Sections 15, 15A and 17, the Examination Committee of the statutory Council has framed Guideline No. 3 providing an avenue to the candidates to either inspect their answer scripts or seek certified copies of the same on payment of the stipulated fees. Guideline no.3 stipulates payment of ₹ 500 for obtaining certified copies and ₹ 450 for seeking inspection of the same. "3. Fee of ₹500 per subject/answer books payable for sup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... much more than what is provided under the Right to Information Act, such as reevaluation, retotaling of answer scripts. 12. Be that as it may, Guideline no.3 of the appellant does not take away from Rule 4, The Right to Information (Regulation of Fees and Cost) Rules, 2005 which also entitles the candidates to seek inspection and certified copies of their answer scripts. In our opinion, the existence of these two avenues is not mutually exclusive and it is up to the candidate to choose either of the routes. Thus, if a candidate seeks information under the provisions of the Right to Information, then payment has to be sought under the Rules therein, however, if the information is sought under the Guidelines of the appellant, then the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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