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LATEST NEWS UPDATES | RTI can't be misused for monetary gains-Kanu Sarda

RTI can't be misused for monetary gains-Kanu Sarda

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published Published on Jun 20, 2012   modified Modified on Jun 20, 2012

-DNA

Slamming private educational institutes that often use RTI for accessing the question papers of various examinations and making it public for their commercial gains, the Delhi high court said sundry information, unrelated to transparency and accountability, should not be allowed to be misused or abused.

A division bench of acting chief justice A K Sikri and justice Rajiv Sahai Endlaw said this while setting aside the order of the Central Information Commission (CIC) to disclose the question papers and answers of all Mch Super-specialty entrance exams conducted from 2005-2010 by the AIIMS.

“Indiscriminate and impractical demands under RTI Act for disclosure of information, unrelated to transparency and accountability would be counterproductive and the RTI Act should not be allowed to be misused or abused,” the bench ruled adding information seeker is not the examinee himself and possibility of acting on behest of coaching institute or a publisher with the motive of commercial gains cannot be ruled out.

According to AIIMS, the questions and answers are prepared and edited by AIIMS, thus the product remains intellectual property of AIIMS and are a vital part of the question bank, so can not be revealed under RTI.

“If question papers are disclosed the possibility of the examination not resulting in the selection of the best candidate cannot be ruled out. Knowledge of the question papers of all the previous years with correct answers may lead to selection of a student with good memory rather than an analytical mind,” the court observed.

However, the information seeker argued that the question papers were not the intellectual property of AIIMS and publication thereof would be in larger public interest as the aspiring students would be able to prepare and understand the pattern of questions asked in super-specialty entrance examination in future.

Refuting the demand by the information seeker, the court said, “There are few seats, often limited to one only, in such super-specialty courses and the examinees are highly qualified but the number of multiple choice questions which can be framed for a competitive examination for admission to a super-specialty course dealing with one organ only of the human body, are limited.”

The court also had a word of caution for the information seekers and said, “In achieving the objective of transparency and accountability of the RTI act, other equally important public interests including preservation of confidentiality of sensitive information are not to be ignored or sacrificed and that it has to be ensured that revelation of information in actual practice, does not harm or adversely affect other public interests including of preservation of confidentiality of sensitive information.


DNA, 19 June, 2012, http://www.dnaindia.com/india/report_rti-cant-be-misused-for-monetary-gains_1703759


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