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2016 Supreme(Cal) 386

SHIVAKANT PRASAD
Dinesh Sinha – Appellant
Versus
Council for the India School Certificate Examinations – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Ekramul Bari, Mrs. Tanuja Basak
For the Respondents: Mr. Sanjay Kumar Baid, Mr. S.N. Bhattacharya, Mrs. Arunima Lala Sengupta

JUDGMENT :

Shivakant Prasad, J.

1. The instant writ is directed against an order rejecting the prayer of the petitioner no. 2 for disclosure of information under Right to Information Act, 2005 on the ground that the respondent authority is not a public authority under the statutory scheme of Right to Information Act, 2005.

2. The petitioner no. 2 being a minor is represented by his father as guardian being the petitioner no. 1.

3. Petitioner no. 2 appeared for Class-X examination from the respondent no. 3 School under Council for the India School Certificate Examinations (hereinafter called as the Council) in the year 2016 and became successful on acquiring qualifying marks. However, after receiving the statement of marks and pass certificate on May 6, 2016 the petitioners felt extremely aggrieved as the marks and grade awarded to the petitioner no. 2 was not at all upon the mark and unexpected considering the quality and standard of the petitioner no. 2.

4. On being aggrieved the petitioner made an application under Right to Information Act, 2005 on June 1, 2016 with a prayer for issuance of original answer scripts upon due completion of formalities as per annexure “P-2.”

5. On June 24,





























































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