Since the SC ruling in August I had been working on getting photo-copies of my CA Final answer sheets. My application was rejected. I filed the first appeal. My first appeal was rejected. I filed a second Appeal with the Central Information Commissioner. Within 3 days thereof I received the photocopies. A week thereafter ICAI came out with a notification allowing photocopies to be provided of CA exam answer sheets. After going through the high-handed rules, I humbly appeal to ICAI as follows.
Dear ICAI,
There is something called as Parliament is supreme. No one can use delegated authority to make laws (rules) contrary to laws made by parliament and assented thereto by the Hon’ble President. It would tend towards being declared ultra vires.
With due respect, the rules made by your Council go against the very intention of the legislature and are in effect violative of the RTI Act. It would be better if you wake up and change them suo moto. I am making an honest effort in wide public interest to list down the illegality of your rules!
Inter alia,
1. You cannot restrict it to exams happening November 2011 onwards. The RTI Act was enacted in 2005 and so the right vested then itself. Also the Hon’ble Supreme Court ruled in August 2011 that all answer-sheets are open under the RTI Act.
2. You cannot limit the application period to 75 or 90 days as the case may be. There is no such limitation under the RTI Act.
3. Whoa, you just increased the fees within 2-3 days of issuing the earlier notice? Shame on you! You cannot charge an exorbitant 500 (earlier 100) or 750 in the case of late application (earlier 200) per paper or otherwise. The RTI Act states that the charges are to be ‘reasonable’ and as may be prescribed. The charges prescribed are Rs. 2 per page or actual charges of printing as may be the case.
4. There is no format prescribed and which is the essence of keeping the law user-friendly. You cannot prescribe some arbitrary format and force people to write in their own handwriting.
5. No fees are to be charged for mere inspection of information. SO you really cannot charge 500/750 per paper either!
Without prejudice!
Issued in public interest!
Please do spread the message!
Let me know if any of you need any help!
CA Satsheel Redkar
