As per a recent judgment of the Supreme Court in
ICSI v. Paras Jain [Civil Appeal No. 5665/2014, dated 11-4-2019],
the High Court held that educational Bodies cannot charge more than RTI
fee for providing certified copies to students. The RTI Fee as per RTI
Rules, 2012 read with RTI Act, 2005 is Rs. 10 fixed per application +
Rs. 2 per page. Hence, charging of Rs. 500 or Rs. 1000 per copy is
illegal.
Example : Suppose, a student has written 20 pages.
Hence, he can be asked to pay only Rs. 50 (Rs. 10 for application + Rs. 2
per page × 20 pages = Rs. 50).
IN THE SUPREME COURT OF INDIA
CIVIL APPEAL NO. 5665/2014
INSTITUTE OF COMPANIES SECRETARIES OF INDIA v. PARAS JAIN
O R D E R
1. This appeal is directed against the order dated
22.04.2014 of the Delhi High Court wherein, while allowing the Letters
Patent Appeal, filed by the respondent herein, it set aside Guideline
No.3 notified by the statutory council of appellant–Institute of
Companies Secretaries of India and directed it to charge fee prescribed
as per Rule 4 of the Right to Information (Regulation of Fee and Cost)
Rules, 2005.
2. The factual matrix of the case is that the
respondent appeared in the final examination for Company Secretary
conducted by the Appellant in December, 2012. On being unsuccessful in
qualifying the examination, the respondent made an application under the
Right to Information Act for inspection of his answer sheets and
subsequently, sought certified copies of the same from the appellant.
The appellant thereafter has demanded Rs.500/per answer sheet payable
for supply of certified copy(ies) of answer book(s) and Rs.450/per
answer book for providing inspection thereof respectively as per
Guideline No.3 notified by the statutory council of the appellant. It is
to be noted that the respondent obtained the said information under the
Right to Information Act, 2005.
3. Being aggrieved by the demand made by the
appellant, the respondent preferred a Writ Petition before the Delhi
High Court wherein the Learned Single Judge dismissed the petition. A
Letters Patent Appeal was thereafter preferred by the respondent
wherein, the Division Bench quashed Guideline No.3 notified by the
appellant and held that the appellant can charge only the prescribed fee
under Rule 4, The Right to Information (Regulation of Fees and Cost)
Rules, 2005.
4. The short issue before us is when the answer
scripts of appellant’s examination is sought whether the fee prescribed
under Rule 4 of the Right to Information (Regulation of Fee and Cost)
Rules, 2005 payable or that under Guideline No. 3 of the Guideline,
Rules and Procedures for Providing Inspection and/or Supply of Certified
Copy(ies) of Answer Book(s) to Students, framed by the Examination
Committee of appellant’s statutory Council at its 148th Meeting held on
14.08.2013.
5. The learned counsel appearing on behalf of the
appellant argued that it is undisputed that the Right to Information
Act, 2005 is applicable to the appellant. However, in light of specific
guidelines formulated under the Company Secretaries Act, 1980, the same
should be applicable and not that which is provided under the Right to
Information Act. He further contends that owing to quashing of Guideline
No. 3 by the Division Bench of Delhi High Court, the appellant cannot
collect any amount of fee except the one prescribed under Rule 4, The
Right to Information (Regulation of Fees and Cost) Rules, 2005 which
adds to financial strain on the appellant.
6. On the other hand, the learned counsel appearing
on behalf of the respondent submitted that any candidate who seeks his
answer scripts under Right to Information Act, 2005 can only be charged
under Rule 4, The Right to Information (Regulation of Fees and Cost)
Rules, 2005.
Further, the learned counsel submits that the candidates must have a
choice to seek the answer scripts either by the avenue under Right to
Information Act or under the Guidelines of the appellant framed by the
examination committee of statutory Council under the Company Secretaries
Act, 1980.
7. Having heard the learned counsels appearing for the parties and we have also meticulously perused the record.
8. The appellant is governed by the provisions of
Company Secretaries Act, 1980 and under Sections 15, 15A and 17, the
Examination Committee of the statutory Council has framed Guideline No. 3
providing an avenue to the candidates to either inspect their answer
scripts or seek certified copies of the same on payment of the
stipulated fees. Guideline no.3 stipulates payment of Rs. 500 for
obtaining certified copies and Rs. 450 for seeking inspection of the
same.
“3. Fee of ₹500 per subject/answer books payable for supply of certified copy(ies) of answer book(s) and ₹450
per answer book for providing inspection thereof respectively. The fee
shall be paid through Demand Draft drawn in favour of “The Institute of Company Secretaries of India”, payable at New Delhi.”
9. On the contrary, Rule 4, The Right to Information (Regulation of Fees and Cost) Rules, 2005 stipulates,
“4. For providing the information under subsection (1) of section 7,
the fee shall be charged by way of cash against proper receipt or by
demand draft or bankers cheque or Indian Postal Order payable to the
Accounts Officer of the public authority at the following rates:—
(a ) rupees two for each page (in A4 or A3 size paper) created or copied;
(b) actual charge or cost price of a copy in larger size paper;
(c) actual cost or price for samples or models; and
(d) for inspection of records, no fee for the first hour; and
a fee of rupees five for each subsequent hour (or fraction thereof).”
(emphasis supplied)
10. Thus it is clear that the avenue for seeking
certified copies as well as inspection is provided both in the Right to
Information Act as well as the statutory guidelines of the appellant.
11. We are cognizant of the fact that guidelines of
the appellant, framed by its statutory council, are to govern the
modalities of its daytoday concerns and to effectuate smooth functioning
of its responsibilities under the Company Secretaries Act, 1980. The
guidelines of the appellant may provide for much more than what is
provided under the Right to Information Act, such as reevaluation,
retotaling of answer scripts.
12. Be that as it may, Guideline no.3 of the
appellant does not take away from Rule 4, The Right to Information
(Regulation of Fees and Cost) Rules, 2005 which also entitles the
candidates to seek inspection and certified copies of their answer
scripts. In our opinion, the existence of these two avenues is not
mutually exclusive and it is up to the candidate to choose either of the
routes. Thus, if a candidate seeks information under the provisions of
the Right to Information, then payment has to be sought under the Rules
therein, however, if the information is sought under the Guidelines of
the appellant, then the appellant is at liberty to charge the candidates
as per its guidelines.
13. The appellant has submitted that the Division
Bench of Delhi High Court erred in quashing Guideline no.3 which is
affecting not only the appellant but also the candidates. Taking into
consideration the fact that such quashing was done despite no prayer
being made to that effect on behest of the respondent, we hold that
quashing of Guideline No.3 was unwarranted. It is to this limited extent
that we allow the appeal and set aside the impugned order of Division
Bench of Delhi High Court whereby it quashed Guideline No.3.
14. Learned counsel appearing for the appellant
further submitted that owing to nominal fee fixed under the Right to
Information Act, the dissemination of information by the appellant has
become financially burdensome and he wants to make a representation to
the Government for enhancing the fee prescribed under the Right to
Information Act. It is left open to him to make such a representation.
15. The appeal is disposed of in the aforestated terms and pending applications, if any, shall also stand disposed of.
(N.V.RAMANA)
(S. ABDUL NAZEER)
NEW DELHI;
APRIL 11, 2019.
As per a recent judgment of the Rajasthan High Court in
RAJAK KHAN v. JAI NARAIAN VYAS UNIVERSITY [2017 (355) E.L.T. 25 (Raj.)],
the High Court held that educational Bodies cannot charge more than RTI
fee for providing certified copies to students. The RTI Fee as per RTI
Rules, 2012 read with RTI Act, 2005 is Rs. 10 fixed per application +
Rs. 2 per page. Hence, charging of Rs. 500 or Rs. 1000 per copy is
illegal.
The judgment is reproduced below :
2017 (355) E.L.T. 25 (Raj.)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Pradeep Nandrajog, C.J. and Dr. Pushpendra Singh Bhati, J.
RAJAK KHAN Versus JAI NARAIAN VYAS UNIVERSITY
D.B. Civil Writ Petition No. 10724 of 2015, decided on 10-4-2017
[Order]. – The issue raised in this writ petition
concerning respondent charging non-refundable fee of Rs. 1,000/- per
answer book for issuing certified copy thereof, has been decided by a
Division Bench of this Court on December 21, 2012 in
D.B. Civil Writ Petition No. 12471/2012 with reference to Maharaja Ganga Singh University. In the instant writ petition the University is Jai Narain Vyas University.
2. Following the law declared by the Division Bench,
we quash the condition put by the respondent-University that those who
desire inspection or a copy of the answer book would have to pay a fee
of ` 1,000/-. The fee payable would be as per the Right to Information
Act, 2005.
3. The controversy reflected in the order dated
January 5, 2017 passed by the Division Bench of this Court cannot be
resolved at this stage for the reason, the Competent Authority as
defined under Section 2(e) of the Right to Information Act, 2005 which
is competent to notify the Rules in terms of the power under Section 28
of the Right to Information Act, 2005, has not taken any action. The
decision of the University to constitute a Committee to recommend
promulgated Rules for amendment of the existing Rules is pending before
the Committee as on date and unless a notification contemplated by
Section 27 of the Right to Information Act, 2005 is issued this Court
cannot go into the said issue.
4. The petition is disposed of.
5. No costs.
As per Rule 4 of the RTI Rules, 2012, the fee can be —
4. Fees for providing information.—Fee
for providing information under sub-section (4) of Section 4
and sub-sections (1) and (5) of Section 7 of the Act shall be charged at
the following rates, namely :—
(a) rupees two for each page in A-3 or smaller size paper;
(b) actual cost or price of a photocopy in large size paper;
(c) actual cost or price for samples or models;
(d) rupees fifty per diskette or floppy;
(e) price fixed for a publication or rupees two per page of photocopy for extracts from the publication;
(f) No fee for inspection of records for the first hour of inspection and a fee of rupees 5 for each subsequent hour or fraction thereof; and
(g) so much of postal charge involved in supply of information that exceeds fifty rupees.