Jharkhand Academic Council, Ranchi vs The State of Jharkhand and Others

Aparesh Kumar Singh

Heard learned counsel for the parties. The Jharkhand Academic Council had preferred this writ application being aggrieved by order dated 18th January, 2007, passed by the State Information Commission, Ranchi, in Appeal Case No. 84 of 2006, directing the petitioner to show the original answer books of four subjects in which the respondent no. 3, examinee had appeared in I.Sc. Examination, 2006.

Although, the writ petitioner had raised the questions of law at the time of preferring this application whether such a direction can be issued to show the original answer books in exercise of powers under Right to Information Act, 2005 by the Commission, but the issues now stand squarely decided by the Hon''ble Supreme Court of India in the case of Central Board of Secondary Education and Another Vs. Aditya Bandopadhyay and Others, .

In that view of the matter, the issues raised in the present writ application do not survive, however, as submitted by the learned counsel for the petitioner that if the answer books, in question, are preserved and are available in that case only the petitioner may be permitted to show the answer books.

Be that as it may, if the records of I.Sc. Examination, 2006, are preserved in accordance with the Rule by the Jharkhand Academic Council and are available it may by shown to the examinee on approaching the petitioner''s office. With the aforesaid observations/directions, this writ petition stands disposed of.