Right to Inspect - 7/7 Information Availability Period


By Kush Karla – Online RTI Writer, 23 December 2014

Information Availability Period

The right to access information does not extend beyond the period during which the examining body is expected to retain the answer-books. In the case of CBSE, the answer-books are required to be maintained for a period of three months and thereafter, they are liable to be disposed of/destroyed.

Some other examining bodies are required to keep the answer-books for a period of six months. The fact that right to information is available with regard to answer-books, does not mean that answer-books will have to be maintained for any longer period than required under the rules and regulations of the public authority. The obligation under the RTI Act is to make available or give access to existing information or information which is expected to be preserved or maintained.

If the rules and regulations governing the functioning of the respective public authority require preservation of the information for only a limited period, the applicant for information will be entitled to such information only if she seeks the information when it is available with the public authority. For example, with reference to answer-books, if an examinee makes an application to CBSE for inspection or grant of certified copies beyond three months (or six months or such other period prescribed for preservation of the records with regard to other examining bodies) from the date of declaration of results, the application could be rejected on the grounds that such information is not available.

Kush Kalra

Kush Kalra

Kush is a practicing lawyer at Delhi High Court. He graduated from Rajiv Gandhi National University of Law, Punjab, India in 2012 and has authored a total of 10 books on Law within a year - a National Record!

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