In a landmark order, the Central Information Commission (CIC) has said the public interest clause cannot be invoked for denial of information and directed Benaras Hindu University (BHU) to provide complete text of its MD/MS question paper.
Central Information Commissioner Shailesh Gandhi passed the order quoting the rarely used clause under RTI Act’s section 3. The section states that subject to the provisions of the Act, all citizens shall have the right to information. ‘‘As per the Act, citizens right to access information is absolute, subject only to limitations prescribed under it. The section 3 forms the core of the Act and is a crisp, unambiguous declaration of the aims and its objectives. To make this right meaningful and effective, citizens aren’t required to give any justification for seeking information,’’ the order said.
BHU’s Public Information Officer had denied the information quoting an earlier CIC order denying information on All India Institute Medical Science’s ‘‘answer key and question booklet’’. The 2007 CIC order had denied the information on the ground that the AIIMS ‘‘is taking all the precautions in conducting the examination in a most satisfactory manner and they have also evolved a fool proof system’’.
Gandhi, after hearing the arguments in a six-page order said that right to information is one of the fundamental human right recognised by the world community and stands incorporated in the universal declaration of human rights and international covenant on civil and political rights.
Source:-The Times of India Delhi 4 January 2009 2008 P.9
For any query:- legalpoint@aol.in
Source:-The Times of India Delhi 4 January 2009 2008 P.9
For any query:- legalpoint@aol.in
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