Delhi high court has said that the marks secured by a student in the secondary school examination cannot be obtained under the Right to Information (RTI) act. Court has said in its order that this would defeat the objective of replacing marks with grades introduced in 2010.
A division bench of Acting Chief Justice A.K. Sikri and Justice R.S. Endlaw said in their judgment that, "We are unable to agree; we feel that 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 decision came on the plea of Anil Kumar Kathpal who wanted the marks of his daughter to be disclosed. He has said that he wants to know the actual marks obtained by his daughter in class 10 exam held in 2010. He has said that the information would help him to identify the weak areas in her studies.
The bench noted that even though marks are available with the CBSE, owing to the examiners and teachers being not immediately accustomed to grading, it couldn’t be disclosed as per the new policy.
"In our opinion, no information which is forbidden by law or information of a nature, if disclosed, would defeat the provisions of any law or disclosure whereof is opposed to public policy, cannot be regarded as 'lawful' and is to be ignored and no disclosure thereof can be made or directed to be made," the court said.
(With inputs from IANS)
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