Times of India: Kochi: Thursday, February 01, 2018.
Universities
can only levy fee specified as per RTI Act for answer sheets and other
documents issued under the Act even if there is a separate regulation for
charging higher fees, the Kerala High Court has held.
The ruling by
a division bench of the court was after considering an appeal (W.A. No.
2193/2017) filed by the University of Kerala challenging an order issued by
state information commission. While the university was charging Rs 500 for an
answer sheet, it was ordered that only Rs2 can be collected for each page while
providing the information under provisions of RTI Act.
A single
bench had upheld the state information commission's order and the university
had filed an appeal, which was considered by the division bench. The university
had contended before the division bench that even if an application for
obtaining information regarding an answer sheet is filed under RTI Act, the
applicant is liable to pay the prescribed fee as the university has framed
regulations fixing the fee.
Declining to
agree to the university's contention, the division bench said in the judgment,
"Having considered the submissions made, we confess our inability to
accept the said plea. It may be true that the University has framed its
Regulations prescribing the fee payable by the applicants for information.
However, insofar as the information provided under the Right to Information Act
is concerned, the realization of the expenses thereof are regulated by the
provisions contained in Section 7 thereof. Such provisions of Section 7 will
govern the prescriptions under any other Act as is evident from Section 22 of
the Right to Information Act." The court upheld the single bench's
judgment and dismissed the university's appeal.
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