Monday, May 28, 2012

CBSE Class X marks can’t be revealed under RTI: HC

Marks obtained by a student in the Class X CBSE exams cannot be revealed under the Right to Information (RTI) Act as it would defeat the very purpose of the new grading system, the Delhi high court has ruled.

Setting aside a ruling by the Central information Commission asking the Central Board of Secondary Education to reveal marks obtained by a girl in her Class X board examination in 2010, a bench of Acting Chief Justice A K Sikri and Justice R S Endlaw held that marks could not be treated as "information" under the RTI Act as CBSE awarded only grades now.

The verdict came on the plea of Anil Kumar Kathpal, who wanted the board to disclose the marks secured by his daughter in her Class X exam in 2010. He said the information, specifically subject-wise marks, would help him identify the weak areas in her studies.

The high court has set aside a CIC ruling that asked CBSE to reveal under the RTI Act marks obtained by a girl in her Class X board examination in 2010.

The court also set aside the verdict of a single-judge bench which had asked CBSE to reveal the marks. "We are unable to agree; we feel the CIC as well as the learned single judge, by directing disclosure of 'marks', in the regime of 'grades' have indeed undone what was sought to be done by replacing marks with grades and defeated the very objective thereof," the high court said, allowing CBSE's appeal.

"In our opinion, even though there is no express order of any court of law forbidding publication of marks... the effect of bringing the regime of grades in place of marks and of dismissal of challenge thereto, is to forbid publication/disclosure of marks... The objective...was to grade students in a bandwidth rather than numerically, it was felt that (the) difference between a student having 81% and a student having 89% could be owing to subjectivity in marking," the bench said.

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