HC allows AIIMS plea on Mch exam sheet disclosure

Updated on: Wednesday, May 30, 2012

The Delhi High Court quashed a CIC order asking AIIMS to provide certified copies of original questions papers and also answer sheets of Mch super-speciality entrance exam conducted from 2005-2010 to a student, allowing the plea of AIIMS on this issue.
 
A division bench of Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw set aside the Central Information Commission's (CIC) November 12, 2010 order directing All India Institute of Medical Sciences to provide the information to Vikrant Bhuria related to Master of chirurgical PG entrance exam saying it could not be revealed as the plea was not in public interest.
 
"When we apply the tests aforesaid to the factual scenario as urged by the appellants and noted above, the conclusion is irresistible that it is not in public interest that the information sought be divulged and the information sought is such which on a purposive construction of Section 8 is exempt from disclosure," the bench said.
 
"We therefore allow this appeal and set aside the orders of the CIC directing the appellant to disclose the information and the order of the learned Single Judge dismissing the writ petition preferred by the appellant," the court said while citing a Supreme Court judgement in which it was held that preservation of confidentiality of sensitive information can not be ignored or sacrificed.
 
The court was hearing the appeal of AIIMS challenging the single judge's order dismissing the plea in which CIC's order was challenged.
 
Bhuria sought certified copies of original questions papers of all Mch super-speciality entrance exam conducted from 2005-2010 and also certified copies of correct answers of all respective questions in Mch super-speciality entrance exam conducted from 2005-2010.
 
AIIMS denied the informations on April 21, 2010 on the ground that the questions are prepared and edited by AIIMS, thus the product remains intellectual property of AIIMS.
 
"Since these questions are part of the question bank and likely to be used again, the supply of question booklet would be against larger public interest and the institute was exempted to provide the informations under Section 8 (1) (d) and 8(1) (e) of the Right to Information Act," the institute said.

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