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2026 Supreme(Online)(CIC) 6718

CENTRAL INFORMATION COMMISSION
Sudha Rani Relangi, Information Commissioner
Gideon Shaji – Appellant
Versus
Indian Institute Of Science Education And Research – Respondent
CIC/IISRT/A/2025/609327



Advocates:
For the Appellants/Petitioners: Gideon Shaji
For the Respondents: Sreeram VK

An examining authority may claim exemption under Section 8(1)(d) of the RTI Act, 2005, from disclosing recruitment question papers if such papers constitute a limited, repeated question bank where disclosure would compromise the selection process, subject to allowing candidates supervised inspection to ensure transparency.

Headnote:(A) Right to Information Act, 2005 - Section 8(1)(d) - Exemption from disclosure - Intellectual property/commercial confidence - Recruitment test - Disclosure of question papers - Whether examining body can be compelled to disclose question papers where questions are limited and repeated - Held, examining body cannot be compelled to disclose if disclosure compromises the selection process and integrity of the question bank - Inspection of question paper may be permitted to the candidate under supervision balancing the interest of transparency. (Paras 10, 11, 17, 18)

Facts of the case:
The Appellant applied for the post of Assistant Librarian and requested a copy of the question paper along with the answer key to verify his performance in the recruitment written test. The CPIO denied the request, citing Section 8(1)(d) of the RTI Act, 2005, stating that the question papers form part of a sensitive question bank for future recruitment and policy prohibits disclosure.

Findings of Court:
The Commission observed that while disclosure of question papers in limited-question-bank exams may compromise the selection process, a balanced approach allowing candidates to inspect their own paper under controlled conditions promotes transparency without compromising integrity.

Issues: Whether the refusal to provide copies of recruitment question papers under Section 8(1)(d) of the RTI Act, 2005, is legally justified given the claim of limited question banks and commercial confidence.

Ratio Decidendi: Following judicial precedents, the Commission held that academic authorities have discretion to preserve the integrity of a limited question bank; however, institutions should facilitate inspection of papers by candidates to ensure fairness, while redacting sensitive information.

Result: Appeal disposed of with directions to allow inspection of the question paper by the Appellant.

Table of Content
1. summary of facts regarding rti application for recruitment question papers and denial of access. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. justification for exemption of recruitment question papers under section 8(1)(d) based on intellectual property and potential for selection process compromise. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17)
3. directive to allow supervised inspection of the document as a balanced transparency measure. (Para 18 , 19)

Relevant facts emerging from appeal:

RTI application filed on : 14.12.2024

CPIO replied on : 13.01.2025

First appeal filed on : 21.01.2025

First Appellate Authority’s order : 18.02.2025

2nd Appeal dated : Nil

Information sought:

1. The Appellant filed an RTI application dated 14.12.2024 seeking the following information:

“With reference to Advt. No. IISERT/HR/0004/2023, I have applied for the post of Assistant Librarian and appeared for the written test held on 04.12.2023. As a candidate, I received a copy of my answer sheet (AL01-0108) by mail on the same day. In this regard, I request you to kindly provide the question paper and answer key of the same to verify my answers and mistakes.”

2. The CPIO furnished a reply to the Appellant on 13.01.2025 stating as under:

“The answer sheet has been shared to you vide email mentioned in the application Since the policy decision on publicly disclosing of QPs of the written examinations has not been made yet, the same cannot be shared. The answer key has been uploaded on the institute's website.”

3. Aggrieved by the decision of the CPIO, the Appellant filed a First Appeal dated 21.01.2025. The FAA vide its order dated 18.02.2025, upheld the reply of the CPIO.

4. Challenging the FAA’s order, Appellant is before the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present:-

Appellant: Shri Gideon Shaji present through video conference.

Respondent: Shri Sreeram VK, AR/CPIO present through video conference.

5. Written statement dated 24.04.2026 filed by the CPIO is taken on record.

6. Appellant while expressing his dissatisfaction on the CPIO’s reply states that the CPIO and FAA, IISER refuses to disclose the question paper, citing a policy decision that has remained unimplemented since its foundation in 2008. On the day of the examination, the recruitment authorities claimed to uphold fairness and integrity. To support this, they sent candidates’ response sheets via email of the candidates and also published the answer key on their website on the very first evening of the date of examination. However, in the absence of question paper, the Appellant stated that it is not possible to evaluate his own performance. It is important to note that this request is not related to a general policy of publicly displaying question papers for written examinations. Instead, it pertains to a candidate who participated in the exam and received a copy of their response sheet but now requires the corresponding question paper to verify their answers. This is a direct communication between the institution and the concerned candidate, intended to ensure transparency and fairness in the recruitment process. It was the plea of the Appellant that the institution has consistently denying access to critical recruitment-related information under the pretext of policy matters, despite no concrete decision being made on the issue for years. Appellant contended that the institutions like IIT Delhi, NTA disclose their recruitment question papers and answer keys under the suo-moto provisions of the RTI Act, 2005. In light of this, Appellant prayed the Commission for a copy of question paper for the written examination for the post of Assistant Librarian, as a candidate who attended the exam.

7. Per contra, the CPIO by placing reliance on his written statement dated 24.04.2026 submitted that their institute conducts a limited number of recruitment examinations and some of the questions from t

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