RTI fee rules prevail over conflicting executive guidelines on certified copies of answer books; inconsistent charge quashed.

Rule 4 of the Right to Information (Regulation of Fee and Cost) Rules, 2005 governed the fee for furnishing certified copies of answer books, and an executive guideline could not impose a conflicting charge. A guideline fixing Rs. 500 per subject was inconsistent with the statutory fee regime under the RTI framework and therefore could not stand. The Delhi HC quashed the guideline and held that the fee for answer sheets must be paid in accordance with Rule 4.

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Issues: Whether guideline No. 3 prescribing a fee of Rs. 500 per subject for certified copies of answer books was valid in view of Rule 4 of the Right to Information (Regulation of Fee and Cost) Rules, 2005.

Analysis: The fee structure for furnishing information under the Right to Information Act, 2005 is governed by the rules framed under Section 27 of the Act. An executive instruction that conflicts with a statutory rule cannot stand and must yield to the rule. The impugned guideline prescribed a fee inconsistent with the statutory regime governing supply of information and certified copies.

Conclusion: The guideline prescribing Rs. 500 per subject was unsustainable and was quashed. The fee for the answer sheets was held payable in accordance with Rule 4 of the Right to Information (Regulation of Fee and Cost) Rules, 2005.

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