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A notice has been issued by the Supreme Court to the Central Board of Secondary Education (CBSE) on a plea, wherein a contempt action was sought for violating the court’s order in the case of CBSE &Anr. V. Aditya Bandhopadhyay&Ors. The Bench was hearing a petition challenging the fees of Rs. 1200 charged by CBSE per subject for providing answer sheets to students.
The WHIP (Whistle for public Interest) alleged that this is violative of the above said judgment. The Supreme Court held that students have fundamental and legal right to access their evaluative answer sheets under Section 2(f) of the RTI Act, 2015. The court further observed that when a candidate taken an examination and submits it for evaluation, the answer-book becomes a document or a record and once it is evaluated it is still a record however, it contains the “opinion of the examiner”.
They pointed out that despite tis direction CBSE by notification prescribed, exorbitant fees from students for obtaining evaluated answer sheets, although the RTI Rules, 2005 prescribed nominal charge of Rs. 10 as application fee and Rs. 2 for each page of information sought.
Previously, in 2016 CBSE was directed to “scrupulously observe” its direction in the 2011 judgment. They demanded to initiate of contempt proceedings against CBSE alleging that being a state run education board, causing disobedience and thus, infringing fundamental rights of students every year.They also sought notice for the quashing of the notice prescribing exorbitant fees amount.
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