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Delhi HC says CBSE will have to inspect Smriti Irani’s exam results if RTI applicant not informed of stay order

The Central Information Commission had allowed inspection of Smriti Irani’s standard 10 and 12 records, but the CBSE had got a stay order claiming it could not comply as it held third party information.

india Updated: Nov 20, 2017 21:38 IST
Press Trust of India, New Delhi
Smriti Irani,CBSE,Smriti Irani board result
Union minister Smriti Irani(Subhankar Chakraborty/HT File Photo)

The Delhi high court on Monday told the CBSE it cannot continue to enjoy the stay on a Central Information Commission (CIC) order allowing inspection of Union minister Smriti Irani’s class 10th and 12th records if it does not inform the RTI applicant about it.

Justice Vibhu Bakhru made the observation as the applicant, who had sought information about Irani’s school records, has not yet been informed whether the Central Board of Secondary Education (CBSE) has moved the high court against the CIC order or whether it has been stayed.

The court issued fresh notice to the RTI applicant, Mohd Naushaduddin, and directed the Board to take steps to ensure that he is informed, failing which the interim stay order of February 21 this year will be vacated.

“Only enjoying the stay would not suffice,” the court told CBSE and listed the matter for hearing on February 15.

The CBSE had challenged the CIC’s January 17 order on the ground that the school records of Irani cannot be disclosed under the Right to Information (RTI) Act as it was third party information which was held in fiduciary capacity.

The CIC by its January 17 order had allowed the applicant to inspect the school records of Irani and rejected the CBSE’s contention that the information sought by Mohd Naushaduddin was “personal”.

The CIC had said that when a public representative declares his educational qualifications, the voter has a right to check the declaration.

Also read | Failing the test: Top 10 Smriti Irani controversies as HRD minister

First Published: Nov 20, 2017 21:38 IST