All India Institute Of Medical ... vs Vikrant Bhuria
2010 Latest Caselaw 5849 Del

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*       IN THE HIGH COURT OF DELHI AT NEW DELHI
11
+                               W.P.(C) 8558/2010

        ALL INDIA INSTITUTE OF
        MEDICAL SCIENCES                             ..... Petitioner
                       Through : Mr. Sandeep Mittal, Advocate.

                       versus

        VIKRANT BHURIA                                  ..... Respondent
                     Through

        CORAM: JUSTICE S.MURALIDHAR

                       ORDER

% 22.12.2010

CM No. 21851 of 2010 (exemption)

Exemption allowed subject to all just exceptions.

The application is disposed of.

W.P.(C) 8558/2010 & CM No. 21850/2010 (for Stay)

1. The challenge in this petition is to an order dated 12th November 2010

passed by the Central Information Commission („CIC‟) directing the

Petitioner to furnish to the Respondent the certified copies of the question

papers for the entrance exam conducted for M.ch super specialty course for

2005-10 together with copies of the correct answers. The CIC has in the

impugned order negatived the stand of the Petitioner that such information is

exempt from disclosure under Section 8(1)(d) & (e) of the Right to

Information Act, 2005 („RTI Act‟).

2. Before this Court, learned counsel for the Petitioner reiterated that for the

purposes of Section 8(1)(d) of the RTI Act the question papers were the

intellectual property of the Petitioner and that the larger public interest did

not warrant their disclosure. It is submitted that since many experts had

contributed their time and expertise and develop the question bank. The

questions should be considered as having been given to the Petitioner by

such experts in confidence. According to him, there was a fiduciary

relationship between the Petitioner and such experts and therefore the

question papers were exempt from disclosure under Section 8(1)(e) of the

RTI Act.

3. This Court finds neither of the grounds urged by the Petitioner to be

tenable in law. Unless the public authority is able to show that the

information sought is exempted from disclosure under Section 8(1) RTI Act,

the information sought is required to be disclosed to the applicant. Under

Section 8(1)(d) RTI Act, what is exempted is only such information which

constitutes intellectual property and when disclosed "would harm the

competitive position of a third party." The Petitioner has not been able to

show how the disclosure of the entrance exam question papers to the

Respondent would adversely affect the competitive position of any third

party, Section 8(1)(d) RTI Act is not attracted at all. Further, it cannot be

said that there is a fiduciary relationship between the experts, who have

helped to develop the question bank and the Petitioner. In the considered

view of this Court, Section 8(1)(e) RTI Act is also not attracted in the

present case.

4. There is no ground made out for interference with the impugned order

dated 12th November 2010 of the CIC. The writ petition and the pending

application are dismissed.

S.MURALIDHAR, J DECEMBER 22, 2010 ak