2019 (2) TMI 1111

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....2018 of the CPIO, Mr. Umesh Kumar Sharma, Insolvency and Bankruptcy Board of India with respect to his RTI Request No. ISBBI/R/2018/00043 dated October 11, 2018. 2. On a detailed perusal of the RTI Application of Mr. Rishabh Kapoor, it is observed that the appellant sought information pertaining to the Limited Insolvency Examinations, and intern alia, asked for- (i) "This information pertains to the Candidate Name: Rishabh Kapoor, IBBI Reg. No. IBBIL0002696, IBBI-Limited Insolvency Examination, Date of Examination 14-SEP-2018, Slot 1.30 pm to 03.30 PM, Test Centre: NSEIT Limited, Ludhiana. (ii) Kindly provide the complete set of question paper of the above-mentioned exam stated in para 1. (iii) Kindly provide m....

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.... with the Appeal dated November 29, 2018) has sought an opportunity of personal hearing before deciding the Appeal. The appellant has been accorded an opportunity of personal hearing in the present matter vide letter dated December 05, 2018 to be scheduled on December 17, 2018 which was rescheduled to December 24, 2018 at the request of the appellant. 6. The appellant in his submissions in personal hearing relied upon the decision of the Hon'ble Supreme Court of India in the matters of Central Board of Secondary Education & Anr. vs. Aditya Bandopadhyay & Ors (Civil Appeal No. 6454 of 2011), wherein, the Hon'ble Apex Court held that "...the provisions of the RTI Act will prevail over the provisions of the bye-laws/rules of the examining b....

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....t, CPIO, in the defence submitted that the questions asked in the Limited Insolvency Examination are the intellectual property of the Board and are held in confidence. The said set of questions are subject to repetition and reuse in the Examination. Hence. the disclosure of the same will not only be against the confidentiality and integrity of the entire examination process but also will be against the public interest. In support to this, the respondent relied and referred to the view of the Hon'ble CIC in R. Seshadri Vs. CPIO, Medical Council of India, Delhi and Ors. where it relied on the judgement given by Delhi High Court in AIIMS vs. Vikrant Bhuria [LPA 487/20111] and held: "Per contra in the present case, the question papers ....