The Honorable Director of Technical Education Shri.Vivek B.Kamat sets aside Supreme Court judgment dated 9th august 2011 in Central Board of Secondary Education Vs Aditya bandopadhyay.

Decision of the First Appeal Under Right to information Act.

Shri.Vivek B. Kamat

The Honorable Director of Technical Education Shri.Vivek B.Kamat sets aside Supreme Court judgment dated 9^th august 2011 in Central Board of Secondary Education Vs aditya bandopadhyay wherein the supreme court has held that answerbooks are ‘information’ and have to be disclosed under RTI Act.

This setting aside of the supreme court’s judgment has been done in an  decision of the First Appeal under RTI Act filed with the honorable Director Shri.Vivek B.Kamat.

The honorable Director Shri. Vivek B.Kamat held that the supreme court failed in applying its mind to the fact that there exists “Fiduciary 'chain' of Relationships between Examinees,Examiner and Examining Body” this irregularity on part of the supreme court was brought to the notice of the honorable Director of Technical Education Shri.Vivek B Kamat by the deemed PIO and the Secretary of the Board of Technical Education Shri.N.V.T Pednekar.

Shri.Vivek B.Kamat agreed with the contention of Shri.N.V.T Pednekar that the decision of the supreme court that the answer books are not held in fiduciary relationship and as such not exempted under Section 8(1)(e) is illegal and null and void because even though the answer books are not held under “fiduciary relationship”  the answer books are very much held under “fiduciary ‘chain’ of relationship” and hence held under "fiduciary relationship".

Shri.Vivek B. Kamat assented with the contention of the Shri.N.V.T Pednekar based on the fact that the supreme court has only considered “fiduciary relationship” while deciding the said judgment but have intentionally ignored “fiduciary 'chain' of relationship” existing between the examiner, examinees and examining board.based on the grounds that the excuse made by Shri.N.V.T Pednekar, to refuse to provide certified copies of answebooks has an extra word ‘chain’ which is not present in the supreme court judgment, the judgment of the supreme court has been set aside and declared null and void for all effects.