JUDGMENT

R.V.RAVEENDRAN, J. — Leave granted. For convenience, we will refer to the facts of the first case.

2.The first respondent appeared for the Secondary School Examination, 2008 conducted by the Central Board of Secondary Education (for short ‘CBSE’ or the ‘appellant’). When he got the mark sheet he was disappointed with his marks. He thought that he had done well in the examination but his answer-books were not properly valued and that improper valuation had resulted in low marks. Therefore he made an application for inspection and re-evaluation of his answer-books. CBSE rejected the said request by letter dated 12.7.2008. The reasons for rejection were:

(i)The information sought was exempted under Section 8(1)(e) of RTI Act since CBSE shared fiduciary relationship with its evaluators and maintain confidentiality of both manner and method of evaluation.

(ii)The Examination Bye-laws of the Board provided that no candidate shall claim or is entitled to re-evaluation of his answers or disclosure or inspection of answer book(s) or other documents.

(iii)The larger public interest does not warrant the disclosure of such information sought.

(iv)The Central Information Commission, by its