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CBSE/ROD/LEGAL+RTI/F.N.-41/07 28.5.2007 Sh. Jagdish Prasad D-178, Street No-7, Sanjay Mohalla, Bhajan Pura, Delhi-110053. Sub: Your request under RTI Act. Sir, Your request is replied as under:- (i) Procedure and rules for issuing duplicate mark sheet. (ii) Fees charged for duplicate mark sheet. (iii) Details of candidates who passed Sr. Sec and Sec. Exam and applied for mark sheet from 1998 to January 2000 by the ROD. (i)Prescribed performa for obtaining duplicate mark sheet is available at CBSE reception counter and can also be downloaded from CBSE website i.e. cbse.gov.in/public postal/forms. (ii) This prescribed performa along with fees of Rs. 50/- for obtaining duplicate mark sheet after fifteen days (excluding holidays) between 3.00 p.m. to 5.00 p.m. It required after two days on urgent fees of Rs. 50/- extra may be remitted. It required through past postal charges of Rs. 20/- may be deposited by local candidates and Rs. 30/- for candidates. (iii) This information cann’t be furnished as this will prejudicially affect our internal operations and the providence of such information is exempted under RTI Act. As per section 19 of the Right to Information Act, 2005 you may file an appeal to the First Appellate Authority within 30 days of the issue of this order, whose particulars are given below: Name and address of the The Regional Officer First Appellate Authority CBSE, Regional Office, Delhi PS, 1-2, Institutional Area

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Page 1: RTI Cases for ROD Legal

CBSE/ROD/LEGAL+RTI/F.N.-41/07 28.5.2007

Sh. Jagdish Prasad D-178, Street No-7,Sanjay Mohalla, Bhajan Pura,Delhi-110053.

Sub: Your request under RTI Act.

Sir,

Your request is replied as under:-(i) Procedure and rules for issuing duplicate

mark sheet.

(ii) Fees charged for duplicate mark sheet.

(iii) Details of candidates who passed Sr. Sec and Sec. Exam and applied for mark sheet from 1998 to January 2000 by the ROD.

(i)Prescribed performa for obtaining duplicate mark sheet is available at CBSE reception counter and can also be downloaded from CBSE website i.e. cbse.gov.in/public postal/forms.(ii) This prescribed performa along with fees of Rs. 50/- for obtaining duplicate mark sheet after fifteen days (excluding holidays) between 3.00 p.m. to 5.00 p.m. It required after two days on urgent fees of Rs. 50/- extra may be remitted. It required through past postal charges of Rs. 20/- may be deposited by local candidates and Rs. 30/- for candidates.(iii) This information cann’t be furnished as this will prejudicially affect our internal operations and the providence of such information is exempted under RTI Act.

As per section 19 of the Right to Information Act, 2005 you may file an appeal to the First Appellate Authority within 30 days of the issue of this order, whose particulars are given below:

Name and address of the The Regional OfficerFirst Appellate Authority CBSE, Regional Office, Delhi

PS, 1-2, Institutional Area I.P. Extn. Patparganj DL-92.

Yours faithfully,

(K.K.JAIN)A.S. (LEGAL & PNTG)

A.P.I.O.

Page 2: RTI Cases for ROD Legal

CBSE./ROD/LEGAL+RTI/F.N.-42/07 28.5.2007

Mr. Faizal HasanGali No.-1, Ghaffer ManzilJamia Nagar,OkhlaNew Delhi-25.

Sub: Your request to furnish photocopies of letters issued by CBSE under RTI Act.

Sir,

This has reference to your request wherein you have requested to furnish certified copies of letters issued by CBSE. In this connection, in reference of certified photocopy of the letter dated 30.8.2006 and 28.8.2006 mentioned by you at Srl No.- 1&2 in your request . It is to inform you that these letters are not being issued by CBSE. The Board has already informed the school Authorities that these letters were not issued by the confidential Branch of CBSE, Regional Office Delhi and No Assistant Secretary of the name of Sh. B.K. Chopra is in the CBSE.

As far as the request of Sh. Taj Mohd dt. 11.9.2006 and the letter dt. 13.9.2006 signed by J.S.(ROD) “N.NAGARAJU” is concerned, the copies of the same are enclosed are annexed herewith for your reference.

Yours faithfully,

(K.K.JAIN)A.S. (LEGAL & PNTG)

A.P.I.O.

Page 3: RTI Cases for ROD Legal

CBSE/ROD/LEGAL+RTI/F.N.-43/07 25.5.2007

(From) Office……………………………………………………………………………………..(Address)………………………………………………………………………………………….

Sh. A.K. Thakkar9/9 IInd floorOld Rajinder NagarNew Delhi-60.

Sub: Your request regarding calculation of percentage of Sr. Sec. Level

Sir,

This has reference to your request regarding method of calculation of percentage, when the six subjects have been opted by the candidates instead of five. In this connection, please find enclosed herewith the relevant rule position given in CBSE Examination Bye-Laws rule no.-40.1 for your reference and to reply your query.

As per section 19 of the Right to Information Act, 2005 you may file an appeal to the First Appellate Authority within 30 days of the issue of this order, whose particulars are given below:

Name and address of the The Regional OfficerFirst Appellate Authority CBSE, Regional Office, Delhi

PS, 1-2, Institutional Area I.P. Extn. Patparganj DL-92.

Yours faithfully,

(K.K.JAIN)A.S. (LEGAL & PNTG)

A.P.I.O.

Page 4: RTI Cases for ROD Legal

CBSE/ROD/LEGAL+RIT/F.N.-44/07 30.5.2007

To

The PrincipalChinmaya Vidyalaya Sec. School Vasant Vihar New Delhi.

Sub: Request /Complaint of Sh. V.S. Girdhar Gopal under RTI Act.

Sir/Madam,

In connection with above mentioned request/complaint I have directed to request you to intimate the particulars available with your school in respect of two students i.e. (i) Aparna G. Roll No.-6158690/05/class-X (ii) G. Akshya Roll No. 6243580/02/class –XII whose parentage has been reflected as Revati Iyer and Sh. V.S. Girdhar Gopal in the particulars/LOC forwarded by your school. It is alleged in the above stated complaint that Sh. V.S. Girdhar Gopal whose name is being reflected in the father’s column against these candidates have no relation with them and these students are the wards of Miss Revati Iyer and R. Shankar Narayana.

Kindly furnish the desired information within three days as the request has been made to CBSE under RTI Act i.e. to be replied by the CBSE within a prescribed time limit.

Yours faithfully,

(N.NAGARAJU)JOINT SECRETARY (ROD)

Page 5: RTI Cases for ROD Legal

CBSE/ROD/LEGAL+RTI/F.N.-44/2007 13.7.2007

V.S. GirdhargopalC/o Ratnesh BansalCh. No. C-159,C.L. Jospeh Block,Tis Hazari Courts, Delhi.

Sub: Complaint regarding parentage of MISS APARNA G. and MASTER G. AKSHAY.

Sir,

Please refer to your application under RTI Act on the subject cited above.

As desired by you the information has been obtained from the school i.e. Chinmaya Vidyalaya Vasant Vihar, New Delhi and also available in the CBSE office. As per records received the parents’ name of Master G. Akshaya and Miss Aparna G. is as under:

1. In the LOC sent by the school to the CBSE.

Candidate’s Name G. AKSHAYMother’s Name REVATI IYERFather’s Name GIRIDHARGOPAL V.S.

But as per admission form of the school it is written as under:

Candidate’s Name AKSHAY NARAYANMother’s Name REVATI IYERFather’s Name R. SANKAR NARAYAN

But an affidavit has been given by Sh. V.S. Giridhargopal on 24.8.2000 that Master Akshay is his son and he may be called in the name of Akshay Giridhargopal.

Contd……page/2

Page 6: RTI Cases for ROD Legal

2. The name of Aparna G. as per LOC sent by the school is as under:

Candidate’s Name APARNA G.Mother’s Name REVATI IYERFather’s Name V.S. GIRIDHAR GOPAL

As per admission form of the school her name is as under:

Candidate’s Name APARNA NARAYANMother’s Name REVATI IYERFather’s Name R. SANKAR NARAYAN/ V.S. GIRIDHAR GOPAL

But an affidavit has been given by Sh. V.S. Giridhar Gopal on 28.4.2000 that Kumari Aparna is his daughter and she may be called in the name of Aparna Giridhar Gopal.

Yours faithfully,

(K.K.JAIN) A.P.I.O. &

A.S. (Legal&Pntg)

Page 7: RTI Cases for ROD Legal

CBSE/ROD/Legal+RTI/F.N.-46/2007 : 3.7.2007

Sh. Raghbir Singh Bhatti (R.S. Bhatt)4584, B-5&6, Vasant Kunj, New Delhi.

Sir,With reference to your letter under RTI Act 2005 for seeking informations regarding Ms

Anupam Kapoor D/o Late Air Commondore Padam Sen Kapor , her Date of Birth , percentage , the name of her father and mother mentioned in the record of CBSE or whether any change in percentage was made by her.

In view of the above you have not furnished the details of the candidate Roll No., passing of year the exam in which she appeared. Whether she appeared from All India /Delhi Sr. and from which region. Without these informations the Board cannot locate the informations regarding the candidate.

Please specify in which regard you desire the above said information of a particular female candidate and why the information is required by you.

Yours faithfully,

(K.K.JAIN) A.P.I.O. & A.S. (Legal&Pntg)

Page 8: RTI Cases for ROD Legal

CBSE/ROD/LEGAL/F.N.-47/2007 4.7.2007

Dr. Jai Ram, F-17/63, Sec-8, Rohini, Delhi - 110085.

Sub: Your request under RTI Act.

Ref: Result of Roll No. - 6224369 Kumari Kanika Bankhand D/o Dr. Jai Ram for Class-XII/2007.

Sir,This has reference to your request for seeking re-verification of marks regarding result

of Kumari Kanika Bankhand bearing Roll No. – 6224369 of class XII/2007.

In this connection, it is to inform you that there is no wrong assessment of answer book of Roll No.-6224369. As per the rule, requests for re-evaluation/re-checking of answer books are not entertained. Requests of only verification of marks are considered for which applicants have to apply on prescribed form with prescribed fee within stipulated time/date. In no case the verification of marks shall be done in the presence of the candidate or anyone else on his/her behalf, nor will the answer books be shown to him/her or his/her representative.

Yours faithfully,

(K.K.JAIN)A.P.I.O. &

A.S. (Legal&Pntg)

Page 9: RTI Cases for ROD Legal

CBSE/ROD/LEGAL/F.N.-48/2007 3.7.2007

Falak Mohd.F/o Naved Falak4A, Lawyers Chamber,Patiala House Courts, New Delhi.

Sub: Your request under RTI Act.

Ref: Result of Falak Mohd. Bearing Roll No. – 6175263 for Class-X/2007.

Sir,

This has reference to your request for seeking re-verification of marks regarding Roll No. – 6175263 of class X/2007.

In this connection, it is to inform you that there is no mix-up in the answer books and no wrong assessment of Roll No. - 6175263. As per the rule, requests for re-evaluation/re-checking of answer books are not entertained. Requests of only verification of marks are considered for which applicants have to apply on prescribed form with prescribed fee within stipulated time/date. Photocopies of answer books can not be supplied to the applicant as per rule. No candidate shall claim, or be entitled to, revaluation of his/her answers or disclosure or inspection of the answer book(s) or other documents.

Yours faithfully,

(K.K.JAIN) A.P.I.O. & A.S.

(Legal&Pntg)

Page 10: RTI Cases for ROD Legal

CBSE/ROD/Legal+RTI/F.N.-49/2007 : 10.7.2007

Sh. Dharam Bir GoelF-183, Parshant ViharDelhi-110085.

Sir,

With reference to your letter for seeking informations under RTI Act:1. What are the qualifications/conditions for appointment of Head Examiner for class XII and

X in different subjects.2. How many Head Examiners have been appointed from the Govt Schools during the 2004-

05, 2005-06, 2006-07? 3. How many Govt Schools have been fixed as Nodal Centre for evaluation during the 2004-

05,2005-06, 2006-07. 4. Can a PGT be appointed as Head Examiner of PGT for class XII as per CBSE norms?

In view of the above, we may reply to the applicant as per rules of the Board.1. A post graduate teacher from a school affiliated to CBSE is appointed as Head Examiner.

Seniority wise subject teacher of the concerned zone, where nodal centre of the subject concerned is fixed, are appointed Head Examiners.

2. Year wise figure of Head Examiners appointed from Govt. Schools is given below: Year No. of Head Examiners appointed from Govt. Schools.2005 3912006 4152007 466

3. Year wise detail of Govt. Schools fixed as nodal evaluation centres is as follows:

Year No. of Govt. Schools fixed as nodal evaluation centres2005 902006 882007 96

4. Yes, a Sr. PGT can be appointed Head Examiner of a PGT for class-/XII.Yours faithfully,

(K.K.JAIN) A.P.I.O. &

A.S. (Legal&Pntg)

Page 11: RTI Cases for ROD Legal

CBSE/ROD/LEGAL/F.N.-50/2007 29.6.2007

Suresh Kumar Tanwar,RZ-29, C-Block,Old Roshan Pura Extn.(Near Krishna Model School),Najafgarh, New Delhi-110043.

Sub: Your request under RTI Act.

Sir,

This has reference to your request for seeking re-verification of marks regarding result of Ms Rakhi bearing Roll No. – 6673355 of 2007 Exam. In this connection, it is to inform you that as per report of the checker no mistake has been found. A reply has already been sent to you separately. It is also inform you that there is no mix-up in the answer books of Roll No.-6673355 and there is no wrong assessment of answer books of the candidate. As far as the providing question wise marks of the candidate is concerned, as per the norms of the Board, in no case the verification of marks shall be done in the presence of the candidate or anyone else on his/her behalf, nor the answer books be shown to him/her or his/her representative and question wise marks will also not be provided.

Yours faithfully,

(K.K.JAIN)A.S.(Legal&Pntg)

Page 12: RTI Cases for ROD Legal

CBSE/ROD/LEGAL/F.N.-51/2007 3.7.2007

Sh. Dilraj Singh KalsiF/o Man Mahak Singh KalsiI-194, KarampuraNew Delhi-110015.

Sub: Your request under RTI Act.

Sir,

This has reference to your request for sought information why the practical marks of 2004 examination in r/o Roll No. – 6232449/2007 was not added.

I am to inform you that as per rule, the practical marks of previous two years are taken into account. Hence, the practical marks of 2004 examination can not be considered for 2007 Examination.

Yours faithfully,

(K.K.JAIN)A.P.I.O. &

A.S.(Legal&Pntg)

Page 13: RTI Cases for ROD Legal

CBSE/ROD/LEGAL/F.N.-52/2007 4.7.2007

Sh. Anil JainF/o Rishabh Jain, H. No.-1021, Gali Jain Mandir, Najafgarh, New Delhi-110043.

Sub: Your request under RTI Act.

Ref: Result of Roll No. 6255085 Rishabh Jain S/o Anil Jain for AISSCE Exam 2007.

Sir,

This has reference to your request for seeking re-verification of marks regarding result of Rishabh Jain bearing Roll No. – 6255085 of class XII/2007.

In this connection, it is to inform you that there is no wrong assessment of answer books of Roll No.-6255085. As per rule, requests for re-evaluation/re-checking of answer books are not entertained. Photocopies of answer books can not be supplied to the applicant as per rule. Requests of only verification of marks are considered for which applicants have to apply on prescribed form with prescribed fee within stipulated time/date.

Yours faithfully,

(K.K.JAIN) A.P.I.O. &

A.S. (Legal&Pntg)

Page 14: RTI Cases for ROD Legal

CBSE/ROD/LEGAL/F.N.-53/2007 27.7.2007

Sh. Yashpal Sharma F/o Kr. Monika SharmaC-26/1, East Gokul PurDelhi - 110094.

Sub: Your request under RTI Act.

Sir,

This has reference to your request for providing photocopies of the answer scripts in Physics, chemistry and Biology bearing Roll No. – 6611984 for the year 2005-06 for class – XII and other informations stated in your application from point no. 1,3,4,5,6,7,8,9. In this connection, it is to inform you that:

1. The provision of providing photocopies of answer books to applicants is not prevailing in the Board.

2. The Board accepts requests for verification of marks only. Requests for re-evaluation/re-checking of answer books are not entertained by the Board.

Yours faithfully,

(K.K.JAIN) A.P.I.O. &

A.S. (Legal&Pntg)

Page 15: RTI Cases for ROD Legal

CBSE/ROD/LEGAL/F.N.-54/2007 9.7.2007

Sh. Prakash SinghS/o Sh. Seoji Ram, Qr. No. – 845,F-Type-II, Govt. Housing Colony,Timarpur, Delhi-110054.

Sub: Your request under RTI Act.Sir,

This has reference to your request for providing the information under RTI of the following points:

1. Rule- (i) “No revaluation of the answer book or supplementary answer book(s) shall be done.” Whether the said rule is in conformity with the provisions of the Constitution of India.Reply to Point I: - In reply to be query raised in respect of Rule (i) of RULES FOR VERIFICATION OF MARKS of the CBSE, it is stated that the rule has been framed by the expert persons by examining various aspects of re-verification and re-valuation of the candidates appearing in the Board Examinations. As far as Rule (i) is concerned, it is self-explanatory and abundantly clear, however, the point of no revaluation of the answer book or supplementary answer book is concerned, the same is the policy matter of the Board and has been framed as a rule, which has stood the time of scrutiny. It is least to mention that all the rules for carrying out the conduct of the work in any department or organization are framed under delegated of Examination Bye-Laws. These rules for examinations are in vogue and practice for several years and thus have attained their operational finality. Therefore, the rule is very will within the framework and in the letter and spirit of the Bye-Laws.

II. What procedure has been adopted to nullify the subjective elements while making the checking and valuation for Boards Examination of class-XII?Reply to Point II: As far as the evaluation of answer book of class XII is concerned, you may please note that lakhs of candidates appear every year and to evaluate the answer sheets of the candidates so appearing in class XII or any other examinations, the Board has adopted a very will defined procedure, where the subjective element for evaluating the answer sheet is extremely minimum and utmost accuracy has been maintained. The examiners have been left with no discretion to apply or use the subjective element. However, the exact procedure being adopted is mentioned in Examination Bye-Laws rule no. 55 to 59.

Contd... P./2

Page 16: RTI Cases for ROD Legal

III. Rule (iv) & (vi) . For what purposes the provisions contained in rule (iv) and (vi) have been framed while verifying the score of class XII.

Reply to Point III. As far as the query of the applicant is concerned, the said rules have been framed in the Examination Bye-Laws and accordingly action is being taken.

IV. Rule (ix) what is the legal sanctity and validity of rule (ix).

Reply to Point IV: As far as the rule (ix) is concerned, the same has been framed to maintain the efficacy and integrity of examination in the Examination Bye-Laws

In this connection, it is to inform you that as per the rules, the office maintain this type of record only for one year and the said record destroyed after one year.

Yours faithfully,

(K.K.JAIN) A.P.I.O. &

A.S. (Legal&Pntg)

Page 17: RTI Cases for ROD Legal

CBSE/ROD/LEGAL/F.N.-54/2007 9.7.2007

Sh. P.K. MohantyDy. Educational AdvisorGovt. Of India (MHRD)(Dptt. Of School Education and literacy)Sch. -3 Section , Shastri Bhawan New Delhi.

Sub: Application under RTI Act from Sh. Prakash Singh R/o Timarpur, Delhi seeking information pertaining to CBSE Delhi.

Sir,

With reference to your letter dt. 8.6.2007 on the above cited subject. I am forwarding herewith a copy of letter for your intimation which has been sent to Sh. Prakash Singh.

Yours faithfully,

(N.NAGARAJU)JOINT SECRETARY (ROD)

Page 18: RTI Cases for ROD Legal

CBSE/ROD/LEGAL+RTI/F.N.-54/2007 2.11.2007

Sh. Prakash SinghS/o Sh. Seoji Ram, Qr. No.-845 F,Type II Govt. Housing Colony,Timarpur, Delhi-110054.

In reference to your application under RTI Act. The point-wise reply of the questions asked by you is given as under –

S. No

POINTS REPLY

1 Furnish the information about the authenticity of rule no. 1 and 2 printed on the back side of form for verification of class 12th marks) in view of provisions made under Constitution of India.

The rule 1 &2 printed on the backside of the form for verification are authentic in each and every sense as these are as per the Examination Bye-laws 1995 of Board.

2 What majors/arrangements have been made to nullify the adverse effect of subjective elements in the evaluation and checking of answer sheets of class 12th?

For nullify the adverse effect of subjective element in the evaluation process the Board has prepared step by step marking scheme for all subjects by constituting a committee of subject experts. This marking scheme works as light-house for the evaluators and this would led to minimise the Subjective elements in the evaluationprocess.

3 What is the authenticity of rule IV and VI printed on the back side of form verification in r/o of (transparency).

The rule IV & VI printed on the back side of the form for verification are authentic in each and every sense as these are as per Examination Bye Laws1995 of the Board. As far as the transparency concerned, the checking of answer sheets is three steps process which minimise the possibility of any defect. However, the same process could not not be disclosed as this will effect Board’s internal operation.

4 What is the legal sanctity and authenticity of rule IX printed on the back side of the form for verification of marks of class 12th?

The rule IX printed on the back side of the form for verification of marks are authentic and also having legal sanctity in each and every sense as these are as per Examination Bye Laws of the Board.

(RAJBIR SINGH)REGIONAL OFFICER DELHI

APPELLATE AUTHORITY

Page 19: RTI Cases for ROD Legal

CBSE/ROD/LEGAL/F.N.-55/2007 2.7.2007

Sh. Raghu Nandan S/o Late Sh. Bhawan SinghT-63, Indira Colony, Narela, Delhi- 40.

Sub: Your request under RTI Act.

Sir,

This has reference to your request for investigate the marks in answer scripts of Maths, Science and English paper bearing Roll No. – 6355106 of class-X/2007.

In this connection, it is to inform you that as per the norms of the Board, in no case the verification of marks shall be done in the presence of the candidate or anyone else on his/her behalf, nor will the answer books be shown to him/her or his/her representative and question wise marks will also not be provided to anyone.

Yours faithfully,

(K.K.JAIN)A.S. (Legal&Pntg)

A.P.I.O.

Page 20: RTI Cases for ROD Legal

CBSE/ROD/LEGAL/F.N.-56/2007 3.5.2007

To

Sh. Satyavir Singh Khapra 39/12 A, Shakti Nagar Delhi-110007.

Sub: Your request under RTI Act.

Sir,

This has reference to your request for investigate the answer book of English (Core) bearing Roll No.-6637977 student of class – XII/2007. In this connection, I am to intimate the following norms of the Board for your information.

Rule No.-(16) Verification of marks obtained by a candidate in a subject.

(IV) No candidate shall claim, or be entitled to, revaluation of his/her answers or disclosure or inspection of the answer book(s) or other documents.

(VI) In no case the verification of marks shall be done in the presence of the candidate or anyone else on him/her behalf. Nor will the answer books be shown to him/her representative.

Yours faithfully,

(K.K.JAIN) A.P.I.O. &A.S. (Legal&Pntg)

Page 21: RTI Cases for ROD Legal

CBSSE/RO/D/LEGAL+RTI/F.N.-56/2007 29.8.2007

Sh. Satyavir Singh Khapra39/12 A, Shakti NagarDelhi-110007.

Sir,

Please refer to your first appeal dt. 9.8.2007 on the reply given by the A.P.I.O. of Regional Office Delhi, vide letter CBSE/RO/D/LEGAL+RTI/F.N.-56/2007 dt. 3.5.2007. You have intimated in your appeal that you are not satisfied with the reply of the A.P.I.O. The detail of information asked by you is as under –

Information Desired Reply 1. The details of question-wise marks. Can not be furnished 2. Set No. of answer script. 1/1/13. Total No. of pages of answer script 28 (written pages)4. Verification of handwriting. Can not be furnished5. Serial No. of answer script. DL-A/512735

The information at the serial no. 1 & 4 can not be furnished as these information some or the other way relates to rechecking of marks. As per rules 61 (iv) No candidate shall claim, or be entitled to, revaluation of his/her answers or disclosure or inspection of the answer book(s) or other documents.

Yours faithfully,

(DHARM PAL SINGH)JOINT SECRETARY (RO/D)

Appellate Authority

Page 22: RTI Cases for ROD Legal

CBSE/ROD/LEGAL/F.N.-57/2007 3.7.2007

To

Meemansa Dixit G-1, B/206, Shalimar Garden Main Ghaziabad-201005.

Sub: Your request under RTI Act.

Madam,

This has reference to your request for seeking information the dates during which Sh. M.M. Bhasin, Retired Assistant Commisioner, K.V.S. was on CBSE duty as an observer for Examination 2007 in the month of March 2007 in the schools located at No.-

(1) Shankara Charya Marg Delhi (2) Civil lines, Delhi. (3) Magazine Road Timarpur, Delhi etc.

In this connection, I am to intimate that appointment of observer is of confidential in nature. This is for your information under RTI Act.

Yours faithfully,

(K.K.JAIN) A.P.I.O. &

A.S. (Legal&Pntg)

Page 23: RTI Cases for ROD Legal

CBSE/ROD/LEGAL/F.N.-58/2007 4.7.2007

Sh. Rakesh KumarR/o 583, Bhootan Wali Gali Nangloi, Delhi - 41.

Sub: Your request under RTI Act.

Sir,

This has reference to your request for seeking information regarding the minimum educational qualification of class-XII, physical education (048), practical and theory examiner and school teacher can be appointed as a physical education examiner without recommendation of the principal of school.

Qualification of An Examiner are as under:

1.(a) An examiner shall hold at least a post graduate degree in case of senior

secondary level in the concerned/allied subject.(b) Have atleast three years teaching experience at secondary/sr.

secondary/Higher education level ; and (c) Be a practising teacher teaching the same subjects in school affiliated to

this Board or any other recognized Board/University/Institution or a person working in the state national level educational organisations set up by the Govt. and are actually involved in the organisation of in-service training programmes/development or study materials for the secondary/sr. secondary students/teachers or research work or a retired teacher from a CBSE affiliated school (PGT for class XII) teaching the same subjects prior to his/her retirement and has not attained the age of 65 years on 1st

of April of the year of evaluation work. 3. No any school teacher be appointed as an examiner without recommendation

of the school principal.

Yours faithfully,

(K.K.JAIN) A.P.I.O. &

A.S. (Legal&Pntg)

Page 24: RTI Cases for ROD Legal

CBSE/ROD/LEGAL/F.N.-59/2007 10.7.2007

Sh. Sanjay Thapar,C-920 A, Sushant Lok-I,Gurgaon-122002.

Sub: Your request under RTI Act.

Sir,

This has reference to your request for providing the information under RTI Act that you applied for revaluation of two subjects (030 Economics & 041 Mathematics) given by your daughter Chavi Thapar but there is not change in her marks. He has requested to allow him to physically check the paper for their satisfaction and want to know the date and time, when should he come to check the papers. He is also in suspense that her answer script has been changed with someone.

In this connection, I am to intimate the following norms of the Board for your intimation:-

No candidate shall claim, or be entitled to, revaluation of his/her answers or disclosure or inspection of the answer book(s) or other documents. In no case the verification of marks shall be done in the presence of the candidate or anyone else on his/her behalf, nor will the answer books be shown to him/her or his/her representative.

Yours faithfully,

(K.K.JAIN) A.P.I.O. &

A.S. (Legal&Pntg)

Page 25: RTI Cases for ROD Legal

CBSE/ROD/LEGAL/F.N.-60/2007 11.7.2007

Sh. Laxmi Narayan6/140, Dakshinpuri Extn.New Delhi - 110062.

Sub: Your request under RTI Act.

Sir,

This has reference to your request for providing the information under RTI Act that Sh. Amit S/o Sh. Laxmi Narayan passed class X in the year 2003 vide Roll No.-6162205 from CBSE and his name was sponsored by the Principal of Red Roses Public School Saket New Delhi along with the other candidates. He appeared in All India Secondary School Examination 2003 and was declared successful candidate against Roll No.-6162205. In 2003 there was no provision of giving the category column in the list of All India Scheme/ Schools. As per rule, the copy of list of candidates can not be provided.

Yours faithfully,

(K.K.JAIN) A.P.I.O. &

A.S. (Legal&Pntg)

Page 26: RTI Cases for ROD Legal

CBSE/ROD/LEGAL/F.N.60/2007

Sh. Laxmi Narayan,6/140, Dakshin Puri Extn. Delhi-110062.

Sub: Your Request under RTI Act.

Sir,

This has reference to your letters dated 22.6.2007 and 21.7.207 for providing information mentioned therein. The undersigned had sent the reply dated 11.7.2007 to your letter dated 22.6.2007. On perusal of the said reply, it transpired that due to inadvertence, oversight and clerical mistake, certain words, which were required to be added in the reply, could not be incorporated. Though , there is a category column, but the said entry was forwarded by the school as left blank . On the basis of which tabulation registers were prepared in the CBSE. As far as the matter of this candidate is concerned, the name of the candidate was sent to the CBSE, by the respective school but the school did not forwarded the necessary particulars about the category of the candidate hence the said column was received as left blank by the Board.

I do hope that the aforesaid clarification will satisfy all your queries.

Yours faithfully,

(K.K.JAIN) A.P.I.O. &

A.S. (Legal&Pntg)

Page 27: RTI Cases for ROD Legal

CBSE/(RO/D)/LEGAL&RTI/F.N. 60/07 26.9.2007

Sub: Appeal of Sh. Laxmi Narayan against the information received from the APIO under RTI Act.

CaseSh. Laxmi Narayan vide application dated 22.6.2007 has requested the Board to furnish information about the category status of candidate Amit Kumar Rajora, who appeared in Board’s examination in the year 2003.

Since the information asked by Sh. Laxmi Narayan was related to the old record forwarded by the school concerned in the year 2003. The tabulation register of this candidate was being obtained from the store wherein the category column of this candidate was left as blank on the basis of which the earlier reply of the APIO was furnished.

FactsSince the category column in the tabulation register was left as blank, the APIO has replied regarding the category status accordingly. However, as per the LOC received from the school concerned name of the candidate has been shown under ST category status.

DecisionIn view of the facts and the circumstances as is stated above that due to some clerical mistake, the candidate’s status in the tabulation register has been left as blank. However, as per the LOC received from the school the candidate’s name has been shown under ST category status.

The in-convenience caused to you vide earlier letters of the APIO is regretted.

(DHARAMPAL SINGH)REGIONAL OFFICER DELHI

Appellate Authority

Sh. Laxmi Narayan6/140, Dakshinpuri Extn.New Delhi - 110062.

Page 28: RTI Cases for ROD Legal

CBSE/ROD/LEGAL/F.N.-61/2007 5.7.2007

Sh. Binod Lohia24 Rajpur Road, Civil Lines, Delhi-110054.

Sub: Your request under RTI Act.

Sir,

This has reference to your request for re-examination of the answer-script under RTI Act regarding result of Smt Shruti Lohia (Roll No. is not mentioned) of class X/2007.

In this connection, it is to inform you that as per rule, requests for re-evaluation/re-checking of answer books are not entertained. Requests of only verification of marks are considered for which applicants have to apply on prescribed form with prescribed fee within stipulated time/date.

Yours faithfully,

(K.K.JAIN) A.P.I.O. &

A.S. (Legal&Pntg)

Page 29: RTI Cases for ROD Legal

CBSE/ROD/LEGAL/F.N.-62/2007 6.7.2007

Sh. Rakesh KumarR/o 583, Bhootan Wali Gali Nangloi, Delhi - 41.

Sub: Your request under RTI Act.

Sir,

This has reference to your request for providing the information under RTI Act that what was the educational qualification mentioned and recommended by the principal on the application form for practical examinership of XII class in r/o Sh. Rakesh Kumar PET (Examiner no.-048538) in the year 1997.

In this connection, it is to inform you that as per the rules, the office maintain this type of record only for one year and the said record destroyed after one year.

Yours faithfully,

(K.K.JAIN) A.P.I.O. &

A.S. (Legal&Pntg)

Page 30: RTI Cases for ROD Legal

CBSE/ROD/LEGAL/F.N.-63/2007 3.7.2007

Sh. S.Q. KazimF/o Luqman S. Hasan,4A, Lawyers Chamber,Patiala House Courts, New Delhi.

Sub: Your request under RTI Act.

Ref: Result of Roll No. – 6180346 for Class-X/2007.

Sir,

This has reference to your request for seeking re-verification of marks regarding Roll No. – 6180346 of class X/2007. In this connection, it is to inform you that as per the rule, requests for re-evaluation/re-checking of answer books are not entertained. Requests of only verification of marks are considered for which applicants have to apply on prescribed form with prescribed fee within stipulated time/date. Photocopies of answer books can not be supplied to the applicant as per rule. No candidate shall claim, or be entitled to, revaluation of his/her answers or disclosure or inspection of the answer book(s) or other documents.

Yours faithfully,

(K.K.JAIN)A.P.I.O. &

A.S. (Legal&Pntg)

Page 31: RTI Cases for ROD Legal

CBSE/ROD/LEGAL/F.N.-64/2007 5.7.2007

Ms Prakriti Chopra C/o Dr. Rakesh ChopraF-3/14, Vasant Vihar, New Delhi.

Sub: Your request under RTI Act.

Sir,

This has reference to your request to provide the photocopy of evaluated answer sheet/model answer of the question/tabulation sheet under RTI Act regarding result of Ms Prakriti Chopra bearing Roll No. 6265984, student of class XII/2007.

In this connection, it is to inform you that as per rule, no candidate shall claim, or be entitled to, revaluation of his/her answers or disclosure or inspection of the answer book(s) or other documents. In no case the verification of marks shall be done in the presence of the candidate or anyone else on his/her behalf, nor will the answer books be shown to him/her or his/her representative. The photocopy tabulation sheet or model answer-sheet can also not be provided as per rule.

Yours faithfully,

(K.K.JAIN) A.P.I.O. &

A.S. (Legal&Pntg)

Page 32: RTI Cases for ROD Legal

CBSE/ROD/LEGAL/F.N.-65/2007 5.7.2007

Jwo L.C. Shaw S/o Sh. Manish Kumar,RZ-213, Gali No.-14A/8 Sadh Nagar, Palam Colony New Delhi-45.

Sub: Your request under RTI Act.

Sir,

This has reference to your request for providing the following informations:

1. Does Kendriya Vidyalaya admit students who have passed 10th from National Institute of Open Schooling through Kendriya Vidyalaya in 11 th class as a regular student?

2. If yes, is it a practice in all Kendriya Vidyalaya in India?

3. He wants to provide him a copy of the rules of CBSE Board through which Such admissions are done.

In this regard, it is information that CBSE is an examination body. Admission in the schools is not concerned with the CBSE.

Yours faithfully,

(K.K.JAIN) A.P.I.O. &

A.S. (Legal&Pntg)

Page 33: RTI Cases for ROD Legal

CBSE/ROD/LEGAL/F.N.-66/2007 5.7.2007

Mr. Ankit Mutreja, WZ-60/A,II Floor, Janak Park Hari Nagar, New Delhi-64.

Sub: Your request under RTI Act.

Sir,

This has reference to your request for again re-checking and re-verification in four subjects of the answer-script under RTI Act regarding result of Mr. Ankit Mutreja bearing Roll No. 6234940, student of class XII/2007.

In this connection, it is to inform you that as per rule, requests for re-evaluation/re-checking of answer books are not entertained. Requests of only verification of marks are considered for which applicants have to apply on prescribed form with prescribed fee within stipulated time/date.

Yours faithfully,

(K.K.JAIN) A.P.I.O. &

A.S. (Legal&Pntg)

Page 34: RTI Cases for ROD Legal

CBSE/ROD/LEGAL+RTI/F.N.-67/2007 :2.8.2007

Mr Jaswant Singh, 121, Sector-18A,Chandigarh.

In reference to your application dated 13 June, 2007 under RTI Act. The reply of the questions asked by you is given as under point-wise:-

S. No POINTS REPLY1 What are the minimum essential qualifications

a teacher must possess to teach at the Senior Secondary level the following subject (a) Physical Education (b) Psychology?

Please refer to Rule-53 of Chapter IX of Affiliation Bye-Laws of the Board which is readily available on CBSE website www.cbse.nic.in

2 Are these qualifications mandatory? If no,provide me copy of rules regarding exemptions.

The school is expected to appoint only qualified and trained teaching staff.

3 If the teacher does not possess these qualifications does it amount to any violations? If yes, provide me a copy of rules, which get violated.

It will be termed as deficiency.

4 What action does CBSE take against the teacher Or the school for such violations?

The Board would give opportunity to school for removal of such deficiency, if any, and then take appropriate action as deemed fit.

5 Will such students taught by an unqualified Person, be treated at par with those taught by a qualified teacher?

(i) If yes, How?(ii) If no, what action does CBSE take to

discriminate between the two kinds of students?

At the end of the course performance of any regular student, who is eligible as per examination bye-laws, is assessed by the Board through public examinations.

6 What are the minimum essential qualifications a teacher must possess to become an examiner (internal or External) in class XII Board Practical Examinations in the following subjects:

a) Physical Educationb) Psychology

A teacher possessing the following qualifications is only appointed as Examiner:a) hold at least a post graduate degree in case of Senior Secondary level and a graduate degree in case of Sec. level in the concerned/allied subject. b)have at least three years teaching experience at Secondary/Senior Secondary/higher education level; and

c) Be a practising teacher teaching the same subject in a school affiliated to this Board or any other recognized Board/University/Institution or a person working in the State National level educational organizations set up by the Govt. and are actually involved in the

Page 35: RTI Cases for ROD Legal

organization of in-service training programmes/development of study materials for the Secondary/Senior Secondary students/teachers or research work or a retired teacher from a CBSE affiliated school (PGT for class XII and TGT for class X) teaching the same subject prior to his/her retirement and has not attained the age of 65 years on Ist of April of the year of Evaluation work.

7 Are these qualifications mandatory? If no, provide me copy of rules regarding exemptions?

Yes, these qualifications are mandatory

8 If the examiner does not possess these Qualifications, does it amount to any violations? If yes, provide me a copy of the rules, which get violated.

Teachers possessing the qualifications given at 6 above are only appointed as Examiners.

9 Who is/are responsible for such violations: School Authorities, Examiner and/or CBSE?

Not applicable in view of 6,7 and 8 Above.

10 What action does CBSE take against those whoare responsible for such violations in Board Examinations?

Not applicable in view of 9 above.

11 What will be the status of the Evaluation of students done by an unqualified examiner in the Board’s class XII Practical Examinations?

a) If valid as per CBSE examinations rules, then provide me a copy of relevant rules?b) If invalid, then what will be fate of the marks awarded to students by the unqualified person?

Not applicable in view of 10 above.

Yours faithfully,

(K.K.JAIN) A.P.I.O. &

A.S. (Legal&Pntg)

Page 36: RTI Cases for ROD Legal

CBSE/ROD/LEGAL/F.N.-68/2007 19.7.2007

Smt. Manju Kumari 23, New Pragatisheel Apartments, Vasundhara Enclave, Delhi-110096.

Madam,

This has reference to your request for providing the information under RTI Act that you had applied for rechecking in three subjects: (1) English (301) (2) Mathematics (041) (3) Chemistry (043) for your daughter Raajshri who appeared in AISSCE 2007 VIDE Roll No.-6207620. But there is no change in marks.

In this connection, it is to inform you that as per the norms of the Board no candidate shall claim, or be entitled to, revaluation of his/her answers or disclosure or inspection of the answer book(s) or other documents. In no case the verification of marks shall be done in the presence of the candidate or anyone else on his/her behalf, nor will the answer books be shown to him/her or his/her representative.

Yours faithfully,

(K.K.JAIN) A.P.I.O. &

A.S. (Legal&Pntg)

Page 37: RTI Cases for ROD Legal

CBSE/ROD/LEGAL/F.N.-69/2007 23.7.2007

Sh. Tausik Khan, H.No.-20, Gali No.-9, J. Extn. Laxmi Nagar Delhi - 110092.

Sir,

This has reference to your request for providing the information under RTI Act that your son Master Zeeshan Khan appeared in class XII/2007 but could not get good marks. You have requested to provide the information: Is there any provision in CBSE that his son can re-appear for improvement in class XII as a regular student? If, there is any rule please intimate. Whether he may be treated as a private candidate.

In this connection, it is to inform to you that as per the norms of the Board a candidate who has passed an examination of the Board may reappear for improvement of performance in one or more subject(s) in the main examination in the succeeding year only; however, a candidate who has passed an examination of the Board under vocational scheme may reappear for improvement of performance in one or more subjects (s) in the main examination in the succeeding year or in the following year provided he/she has not pursued higher studies in the meantime. He/She will appear as private candidate. Those appearing for the whole examination may however appear as regular school candidates also if admitted by the school as regular students. In no case, a candidate shall be allowed more than one chance for improvement of his performance.

Yours faithfully,

(K.K.JAIN) A.P.I.O. &

A.S. (Legal&Pntg)

Page 38: RTI Cases for ROD Legal

CBSE/ROD/LEGAL/F.N.-70/2007 24.7.2007

Sh. Arun MisraD-I/85, Janak PuriNew Delhi.

Sir,

This has reference that your son appeared in AISSCE/2007 with Roll No.-6231753 and applied to re-examine the answer script(s) of the papers of Chemistry and Mathematics but no reply has been received so far. So you have requested to provide the photocopies of the answer scripts under RTI Act.

In this connection, it is to inform you that as per the norms of the Board no candidate shall claim, or be entitled to, revaluation of his/her answers or disclosure or inspection of the answer book(s) or other documents. In no case the verification of marks shall be done in the presence of the candidate or anyone else on his/her behalf, nor will the answer books be shown to him/her or his/her representative. The letters to all the applicants who applied for verification of marks have been issued. However, they may also verify their results on CBSE website.

Yours faithfully,

(K.K.JAIN) A.P.I.O. &

A.S. (Legal&Pntg)

Page 39: RTI Cases for ROD Legal

CBSE/ROD/LEGAL/F.N.-71/2007 25.7.2007

Sh. S.S. SundramF/o Jugesh SundramF-160, Road No.-3, Andrews Ganj,New Delhi - 49.

Sir,

This has reference to your request for providing the following informations under RTI Act in receipt of Master Jugesh Sudram bearing Roll No. 6258417 of class XII examination 2007 To show the answer script of English Core in the presence of qualified personnel and provide the photocopy of the answer script of English Core and provide break up of marks awarded on each question attempted by his son, duly authenticated by the Competent Authorities.

In this connection, it is to inform you that as per the norms of the Board no candidate shall claim, or be entitled to, revaluation of his/her answers or disclosure or inspection of the answer book(s) or other documents. In no case the verification of marks shall be done in the presence of the candidate or anyone else on his/her behalf, nor will the answer books be shown to him/her or his/her representative. The break up of question wise marks can also not be provided to the applicant.

Yours faithfully,

(K.K.JAIN) A.P.I.O. &

A.S. (Legal&Pntg)

Page 40: RTI Cases for ROD Legal

CBSE/ROD/LEGAL+RTI/F.N.-72/2007 :2.8.2007

Sh. Joginder Singh S/o Sh. Puran Singh, H.No. -557/9, M-I Block, Sthal Mandir Road, (Near Noorani Masgid)Sangam Vihar,New Delhi-110062.

In reference to your application dt. 18.7.2007 under RTI Act, it is to inform you that as per Examination Bye-Laws of CBSE, “a candidate who has passed the examination of the Board may appear in the examination for improvement of performance in one or more subjects in the main examination in succeeding year only, provided he/she has not persued higher studies in the mean-time”.

As per your request you appeared in the examination 2002 for improvement of performance in three subjects and as per rule of the CBSE marks statement alloted to you. The CBSE is not concerned with the admission matters and in which subject you want to retain the old marks and in which subject you want to retain the improved marks, this is related with the next admission Authority and for this they may be consulted. As regard to issue the separate marks for two subjects, in this regard, it is to inform you that CBSE issues only the marks statement to the candidate who appeared for improvement of performance for the subjects in which candidate appeared for improvement of performance.

Yours faithfully,

(K.K.JAIN) A.P.I.O. &

A.S. (Legal&Pntg)

Page 41: RTI Cases for ROD Legal

CBSE/ROD/LEGAL/F.N.-73/2007 26.7.2007

Kumari Mamta ChaudharyD/o Ravinder KumarH.No.-23, Gali No-I,Village-Jagatpur, Post-Burari,Delhi - 110084.

Sir,

This has reference to your request for providing the information under RTI Act that the applicant appeared in (Compartment)/DSSE/2006 with Roll No.-6346210 in Maths and got 13 marks. The applicant applied for rechecking the answer sheet of the paper of Maths but no reply has been received so for.

In this connection, it is to inform you that as per the record available, no mistake has been detected in Maths of the above candidate. The letter has already been sent on 29.8.2006.

Yours faithfully,

(K.K.JAIN) A.P.I.O. &

A.S. (Legal&Pntg)

Page 42: RTI Cases for ROD Legal

CBSE/ROD/LEGAL/F.N.-74/2007 31.7.2007

Miss Manmeet Kaur D/o Mrs Harvinder Kaur, 8610, Bharghar, Roshanara Road, Delhi-110007.

Sir,

This has reference to your request for providing the following information under RTI Act that the applicant appeared in DSSCE/2007 and applied for verification in two subjects: (1) Mathematics (2) English. The Board informed that the revised marks in English subject are as 63 instead of 61 and no mistake in the answer script of Mathematics. She has requested to show the answer script of Mathematics.

In this connection, it is to inform you that as per the norms of the Board no candidate shall claim, or be entitled to, revaluation of his/her answers or disclosure or inspection of the answer book(s) or other documents. In no case the verification of marks shall be done in the presence of the candidate or anyone else on his/her behalf, nor will the answer books be shown to him/her or his/her representative.

Yours faithfully,

(K.K.JAIN) A.P.I.O. &

A.S. (Legal&Pntg)

Page 43: RTI Cases for ROD Legal

CBSE/ROD/LEGAL/F.N.-75/2007 14.8.2007

Sh. Abhishek Meena R/o 87/3, Sector-I,Pushp Vihar Delhi-110017.

Sir,

This has reference to your request for providing the following information under RTI Act that the candidate appeared in XII/2006-07 vide Roll No.-6252157. He has requested for supply of answer scripts and provide the detailed marks obtained in two subjects: (1) Mathematics (2) Chemistry.

In this connection, it is to inform you that as per the norms of the Board no candidate shall claim, or be entitled to, revaluation of his/her answers or disclosure or inspection of the answer book(s) or other documents. In no case the verification of marks shall be done in the presence of the candidate or anyone else on his/her behalf, nor will the answer books be shown to him/her or his/her representative.

As per section 19 of the Right to Information Act, 2005 you may file and appeal to the First Appellate Authority within 30 days of the issue of this order, whose particulars are given below:

Name and address of the The Regional OfficerFirst Appellate Authority CBSE Regional Office, Delhi

PS, 1-2, Institutional Area I.P. Extn. Patparganj DL-92.

Yours faithfully,

(K.K.JAIN) A.P.I.O. &

A.S. (Legal&Pntg)

Page 44: RTI Cases for ROD Legal

CBSE/ROD/LEGAL&RTI/F.N.75/07 28.9.2007

Sub: Appeal of Master Abhishek Meena against the APTIO’s letter dated 14.8.2007.

Case Master Abhishek Meena vide application dated 16.7.2007 under RTI Act has requested the

Board to furnish details of marks obtained in the subject of Mathematics and Chemistry and has requested to thoroughly examine the answer sheets and furnish the copy of both answer sheets of Roll No. 6252157/07 of class XII to the applicant.

As per the norms of the Board, the APIO vide letter dated 16.8.2007 regretted applicant’s request for revaluation and supply of answer sheets.

Facts The applicant’s request for revaluation and supply of answer sheet was regretted as there is no

provision of revaluation or disclosure of answer sheet in any manner in the Examination Bye-laws of the Board. Therefore, it is incorrect to say that the information desired by you has not so far been furnished from this office. Whereas he himself has quoted the number of Board’s letter dated 16.8.2007.

DecisionIn view of the facts of the request and the norms of the Board, it is again informed that his request for thorough revaluation of Mathematics and Chemistry answer sheets and to supply the photocopy of his answer sheets is not tenable. The Central Information Commission in appeal no. ICPB/A-3/CIC/2006 dated 10.2.2006 titled as Sh. D. S. Meena V/s CPIO north western railways has also, ruled out such disclosure.

(DHARAMPAL SINGH)REGIONAL OFFICER DELHI

Appellate AuthoritySh. Abhishek Meena R/o 87/3, Sector-I,Pushp Vihar Delhi-110017.

Page 45: RTI Cases for ROD Legal

CBSE/ROD/LEGAL+RTI/F.N.-76/2007 14.8.2007

Sh. Kanodiya Om PrakashC/o Sh. Rajkumar,B-36, Kondh Colony,Delhi-110096.

Sir,

This has reference to your request that the candidate appeared in DSSCE/2006, with Roll No.-6602497 and appeared in DSSCE/2007, with Roll No.-6603495. The result is fail in both the years, so the applicant has requested for providing all the photocopies of the answer scripts written by him.

In this connection, it is to inform you that as per the norms of the Board no candidate shall claim, or be entitled to, revaluation of his/her answers or disclosure or inspection of the answer book(s) or other documents. In no case the verification of marks shall be done in the presence of the candidate or anyone else on his/her behalf, nor will the answer books be shown to him/her or his/her representative.

As per section 19 of the Right to Information Act, 2005 you may file and appeal to the First Appellate Authority within 30 days of the issue of this order, whose particulars are given below:

Name and address of the The Regional OfficerFirst Appellate Authority CBSE Regional Office, Delhi

PS, 1-2, Institutional Area I.P. Extn. Patparganj DL-92.

Yours faithfully,

(K.K.JAIN) A.P.I.O. &

A.S. (Legal&Pntg)

Page 46: RTI Cases for ROD Legal

CBSE/ROD/LEGAL+RTI/F.N.-77/2007 16.8.2007

Sh. Ashok RathiR/o B.B.M.S. Colony,Narela, Delhi-110040.

Sir,

This has reference to your request that the candidate has passed X/2007, with Roll No.-6126662 and secured excellent marks in all subjects except Hindi Course ‘A’. She applied for rechecking but got no satisfactory reply, so the applicant has requested that the answer sheet of subject Hindi Course ‘A’ may be shown to him.

In this connection, it is to inform you that as per the norms of the Board no candidate shall claim, or be entitled to, revaluation of his/her answers or disclosure or inspection of the answer book(s) or other documents. In no case the verification of marks shall be done in the presence of the candidate or anyone else on his/her behalf, nor will the answer books be shown to him/her or his/her representative.

As per section 19 of the Right to Information Act, 2005 you may file an appeal to the First Appellate Authority within 30 days of the issue of this order, whose particulars are given below:

Name and address of the The Regional OfficerFirst Appellate Authority CBSE Regional Office, Delhi

PS, 1-2, Institutional Area I.P. Extn. Patparganj DL-92.

Yours faithfully,

(K.K.JAIN) A.P.I.O. &

A.S. (Legal&Pntg)

Page 47: RTI Cases for ROD Legal

CBSE/RO/D/LEGAL&RTI/F.N.-77/07 24.9.2007

Sub: Appeal of Sh. Ashok Rathi against APIO’s decision dated 16.8.2007 under RTI Act 2005.

CaseSh. Ashok Rathi vide application dated 9.7.2007 under RTI Act for supply of answer sheet of subject Hindi Course ‘A’ and its disclosure of candidate Prerna Tomar who appeared in Board’s class X /07 examination against Roll No. 6126662.

The reply of this request was sent to Sh. Ashok Rathi on 16.8.2007 by the APIO thereby rejecting applicant’s request for disclosure of answer sheets.

FactsThe applicant’s request was regretted as no provision of disclosure of answer sheets or to provide it to the candidate is available in the norms of the Board. Therefore, it is incorrect to say that you are not satisfied with the reply of the APIO and are doubtful about the proper checking of answer sheet.

DecisionIn view of the facts of the request and in view of norms of the Board it is felt that applicant’s request for disclosure of answer sheets of candidate Prerna Tomar Roll No 6126662 is not tenable. The Central Information Commission in appeal No. ICPB/A-3/CIC/2006 dated 10.2.2006 titled as Sh. D. S. Meena V/s CPIO north western railways has also, ruled out such disclosure.

(DHARAMPAL SINGH)REGIONAL OFFICER DELHI

Appellate Authority

Sh. Ashok RathiS.S.E. ResidenceB.B.M.B. ColonyNarela-Delhi-110040.

Page 48: RTI Cases for ROD Legal

CBSE/ROD/LEGAL+RTI/F.N.-78/2007 21.8.2007

Sh. N. VanamaliR/o 43-B, Police Colony,Sector-VII, R.K. Puram,New Delhi-110042.

Sir,

This has reference to your request that has been received in the office of CBSE on 30.7.2007 for seeking information regarding top ten rank holders of class X as well as top ten rank holders of SC and ST category pertaining the year 2006 .

In this regard, this is to inform you that the Board prepare only subject-wise rank of students. The Board neither is in practice of making ranks on the basis of aggregate percentage of marks and nor in practice of making category-wise ranks of students appearing in Board’s Sec. and Sr. Sec. Sch. Examination. Hence, the information asked by you cannot be furnished.

As per section 19 of the Right to Information Act, 2005 you may file an appeal to the First Appellate Authority within 30 days of the issue of this order, whose particulars are given below:

Name and address of the The Regional OfficerFirst Appellate Authority CBSE Regional Office, Delhi

PS, 1-2, Institutional Area I.P. Extn. Patparganj DL-92.

Yours faithfully,

(K.K.JAIN) A.P.I.O. &

A.S. (Legal&Pntg)

Page 49: RTI Cases for ROD Legal

CBSE/ROD/LEGAL&RTI/F.N.-79/2007 23.8.2007

Sh. Naresh Kumar Advocate,Delhi High Court,R/o 46/4759 Regar Pura,Hardian Singh Road, Karol Bagh,New Delhi-110005.

Sir,

This has reference to your request that has been received in the CBSE on 30/7/2007 wherein you have requested the Board to furnish the result of class X of the candidate Ms Ekta who appeared in Board’s Sec. Sch. Examination against Roll No.- 6432916 from Salwan Girls Sr. Sec. Sch. Rajinder Nagar New Delhi. In this connection, as you have yourself admitted that the candidate’s result has been declared by the CBSE on 29.5.2007. You can see the “status” of this candidate in all the subjects from CBSE website i.e. www.cbse.nic.in or the Marks Statement/Pass Certificate can be obtained from the school concerned.

As per section 19 of the Right to Information Act, 2005 you may file an appeal to the First Appellate Authority within 30 days of the issue of this order, whose particulars are given below:

Name and address of the The Regional OfficerFirst Appellate Authority CBSE Regional Office, Delhi

PS, 1-2, Institutional Area I.P. Extn. Patparganj DL-92.

Yours faithfully,

(K.K.JAIN) A.P.I.O. &

A.S. (Legal&Pntg)

Page 50: RTI Cases for ROD Legal

CBSE/ROD/LEGAL+RTI/F.N.-80/2007 3.9.2007

Sh. Vishwambhar DayaluH- 4/46 E, Bengali Colony, Mahavir Enclave, Palam, New Delhi-110045.

Sir,

Kindly refers to your request dt. 30.7.2007 wherein you have requested the Board to furnish some information regarding option of subjects. The queries raised by you from serial no. - 1,2,4 are replied as under –

I. The student who has not passed class XI in any subject can he opt that subject in class XII.

Such a student can opt that subject in class XII through a request for change of subject specifying the reasons for such a change. The said request will be forwarded to CBSE through the Principal school concerned.

II. Can three Core subjects can be opted in class XII?

As per the scheme of studies available in Sr. Sch. Curriculum 2007, the student can opt only two languages (Core).

III. Can those students who are failed in class X in subject Hindi can opt subject Hindi in

class XI?

In such case the criteria for admission and option of subjects is decided by the school concerned.

IV. The students who passed class XI with two languages Hindi Core and Sanskrit, can they opt English Core in class XII.

No.

The relevant portion of curriculum 2007 is annexed herewith for reference.

As per section 19 of the Right to Information Act, 2005 you may file an appeal to the First Appellate Authority within 30 days of the issue of this order, whose particulars are given below:

Name and address of the The Regional OfficerFirst Appellate Authority CBSE Regional Office, Delhi

PS, 1-2, Institutional Area I.P. Extn. Patparganj DL-92.

Yours faithfully,

(K.K.JAIN) A.P.I.O. &

A.S. (Legal&Pntg)

Page 51: RTI Cases for ROD Legal

CBSE/ROD/LEGAL/F.N.-81/07 : 31.8.2007

Ms. Laxmi D/o Sh. Charanji Lal A-264, Budh Nagar, Indrapuri, New Delhi-110012.

Sub: Your Request dt. 3.8.2007 under RTI Act.

Madam,

This has reference to your request dt. 3.8.2007 that has been received in the office of CBSE on 9.8.2007 for seeking information about the Stream of studies of the subjects opted by you. In this connection, this is to inform you that the first three subjects opted by you comes under the Vocational Stream. The qualifying criteria is of five subjects, out of these three subjects are Vocational subjects. Hence, the subject opted by you will be considered under Vocational Stream.

As per section 19 of the Right to Information Act, 2005 you may file an appeal to the First Appellate Authority within 30 days of the issue of this order, whose particulars are given below:

Name and address of the The Regional OfficerFirst Appellate Authority CBSE Regional Office, Delhi

PS, 1-2, Institutional AreaI.P. Extn. Patparganj DL-92.

Yours faithfully,

(K.K.Jain) A.P.I.O. Asstt. Secy. (Legal&Pntg)

Page 52: RTI Cases for ROD Legal

CBSE/ROD/LEGAL&RTI/F.N.-82/07 11.09.2007

Sh. Dhruv Kumar,H.No.-5224, Gali No.-15 B, Sant Nagar, Burari,Delhi-84.

Sub: Your Request dt. 7.8.2007 under RTI Act.

Dear Candidate,

With reference to your application dated 7.8.2007 addressed to the Asstt. Director Education, Directorate of Education, NCT of Delhi, it is to inform you that on verification of your answer sheet in the subject of Social Studies, a mistake has been detected and as such your marks were revised from 74 to 76. You were also informed about this mistake vide letter no. AB CELL/RO-DELHI/RECH/1096/23305/MAIN/2007 dated 28.6.2007 and a copy of the same was also forwarded to the Principal of your school. A copy of the same is also enclosed for your reference. It is further informed that as per Examination Bye-laws vide Rule No. 61(i) there is no provision of revaluation of answer sheets.

Yours faithfully,

(K.K.Jain)A.P.I.O.&

A.S.(Legal& Pntg)Copy to –

Smt. Abha JoshiAsstt. Directorate (Edu.)Directorate of EducationNCT of Delhi.

Page 53: RTI Cases for ROD Legal

CBSE/ROD/LEGAL&RTI/F.N.-83/07 12.9.2007

Sh. Gaurav Yadav10/21 A, Janpath RoadNew Delhi.

Sub: Your Request dt. 30.8.2007 under RTI Act.Dear Candidate,

With reference to your application dated 30.8.2007. It is to inform you that on verification of your answer sheet in subjects English Core, Economics & Maths. A mistake was detected in English Core and as such your marks were revised as decreased from 58 to 53 and no mistake was detected in other subjects. You were informed about this mistake vide letter No. AB CELL/RO-DELHI/RECH/170/2196/MAIN/2007 dated 6.7.2007 and a copy of the same was also forwarded to the principal of your school. The copy of the same is also enclosed for your reference. It is further informed that as per Examination Bye-laws vide Rule No. 61(i) there is no provision of revaluation of answer sheets that’s why the photocopy of the answer sheets cannot be furnished to you.

As per section 19 of the Right to Information Act, 2005 you may file an appeal to the First Appellate Authority within 30 days of the issue of this order, whose particulars are given below:

Name and address of the The Regional OfficerFirst Appellate Authority CBSE Regional Office, Delhi

PS, 1-2, Institutional Area I.P. Extn. Patparganj DL-92.

Yours faithfully,

(K.K.Jain)A.P.I.O. &

A.S.(M&M/Legal)

Page 54: RTI Cases for ROD Legal

CBSE/ROD/LEGAL/F.N.-84/2007 20.9.2007

To

Sh. Amit DahiyaS/o Sh. Rampal Dahiya RZ-E,66, New Roshanpur, Najafgarh, New Delhi - 110043.

Dear Candidate,

Please refer to your application, ID No. – 647 dated 07.09.2007 addressed to the A.P.I.O. regarding supply of information under Right to Information Act, 2005.

2. The information asked for can not be supplied due on the following grounds:

(i) As per the rule of 61 (iv) of the Board that no candidate shall claim, or be entitled to, revaluation of his/her answers or disclosure or inspection of the answer book(s) or other documents.

(ii) Central Information Commission in appeal No. ICPB/A-3/CIC/2006 dated 10.2.2006 titled as Sh. D. S. Meena V/s CPIO north western railways has also, ruled out such disclosure.

As per section 19 of the Right to Information Act, 2005 you may file an appeal to the First Appellate Authority within 30 days of the issue of this order, whose particulars are given below:

Name and address of the The Regional OfficerFirst Appellate Authority (CBSE) Regional Office, Delhi

PS, 1-2, Institutional Area, I.P. Extn. Patparganj DL-92.

Yours faithfully,

(K.K.Jain)A.P.I.O. &

A.S. (M&M/Legal)

Page 55: RTI Cases for ROD Legal

CBSE/ROD/LEGAL&RTI/F.N.-85 /07 28.9.2007

Ms Hema Kumari S-42, Okhla Phase-II,

New Delhi-110020.

Sub: Your request under RTI Act.

Dear Candidate,

This has reference to your request dated 12.9.2007 that has been received in the office of CBSE for seeking information regarding the status of result of Roll No. 6413107. As per the official record, this is to inform you that the result of Roll No. 6413107 of year 2006 examination was declared as compartment in Mathematics and Science and in compartment examination of 2006, 07 marks in Mathematics and 23 marks were in Science and Technology were obtained by you. Further in the year 2007, 12 marks in Mathematics and 24 marks in Science and Technology was obtained by you against Roll No 6436074. As per the result sheet obtained from the computer, your result in both the subjects again been shown under compartment. The copy of the same is enclosed for your reference.

The above information will be sufficient to satisfy your queries.

As per section 19 of the Right to Information Act, 2005 you may file an appeal to the First Appellate Authority within 30 days of the issue of this order, whose particulars are given below:

Name and address of the The Regional OfficerFirst Appellate Authority (CBSE) Regional Office, Delhi

PS, 1-2, Institutional Area, I.P. Extn. Patparganj DL-92.

Yours faithfully,

(K.K.Jain)A.P.I.O. &

A.S. (M&M/Legal)

Page 56: RTI Cases for ROD Legal

CBSE/ROD/LEGAL+RTI/F.N. 86/07 20.11.2007

Achla Bhatnagar488 Asian Games Village New Delhi-110049.

Sub: Appeal under RTI Act.

This has reference to your vide appeal dt. 30.10.2007 wherein you have requested the Board to furnish some information in r/o your daughter Aditi Bhatnagar the point wise replies of the query is as under.

Sl. No

POINTS REPLY

1 Why is there a misleading anomaly in the dateswhen the information sought for has not been given to me in time?

Your request dated 18.9.07 was received in the CBSE on 26.9.07 and the same has been replied/sent on 23.10.2007 with in time as per RTI Act where reply is to be furnished with in time 30 days.

2 Your letter says the information was on the website, why was the letter not sent to medirectly as had been promised?

After verification of answer sheet of candidateAditi Bhatnagar in subject Economics, the no mistakeletter was sent to the candidate on 13.06.2007 videdispatch no. 3505. The photocopy of dispatch list isenclosed for your reference.

3 The RTI Act 2005 supersedes all other rulings prior to it and therefore to deny questionwise allocation of marks is not justified. Also,there is no violation of section 8 of the RTI Act2005, because we are only asking for the marks, allotted question wise, not revaluation or examination of the answer book.Why has this information been denied?

There is a difference between the act and the rulings,enactment of any act can not itself supersede the rulings.It is only after the enactment of that act, the CompetentCourts, Commissions can laid down fresh rulingssuperseding the previous ones. The Central InformationCommission in appeal no. -ICPB/A-3/CIC/2006dated 10.2.2006 titled as Sh. D. S. Meena V/s CPIO north western railways has also, ruled out such disclosure itself and has declined the request for revaluation. Hence, the Board can not disclose the question wise allocation of marks.

Yours faithfully,

(RAJBIR SINGH)REGIONAL OFFICER DELHI

APPELLATE AUTHORITY

Encl: Photocopy of dispatch list

Page 57: RTI Cases for ROD Legal

CBSE/ROD/LEGAL+RTI/F.N.-90/2007 16.11.2007

Mrs. Rachna BansalN-13A, S.F.S. Flats, Saket New Delhi-110017.

Sub: Your request for retention of practical marks of previous year under RTI Act.

Madam,

This has reference to your request dated 31.10.2007 under RTI Act. The information desired by you is as under-Sl. No

POINTS REPLY

1 Can she retain her previous practical marksand appear only for the theory exams in theforthcoming March 2008 AISSCE Exam asa regular candidate?

Previous practical marks can be retained for two years.

2 Can she absent herself during the practical Exams when they are conducted in Delhi Public School in the month of February 2008?

Yes.

3 What is the procedure to be followed by the candidate so that her practical marks are accounted for in the coming March 2008 Exams?

The candidate has to mention her previous Roll No. in the examinationform.

As per section 19 of the Right to Information Act, 2005 you may file an appeal to the First Appellate Authority within 30 days of the issue of this order, whose particulars are given below:

Name and address of the The Regional Officer First Appellate Authority Regional Office (CBSE)

PS, 1-2, Institutional Area, I.P. Extn. Patparganj DL-92.

Yours faithfully,

(K.K.JAIN)

A.P.I.O. & A.S. (M&M/LEGAL)

Page 58: RTI Cases for ROD Legal

CBSE/ROD/LEGAL/F.N.-91/07 21.11.2007

Sh. Arun KhatriH.No.-345, BanknerNarela, Delhi-110040.

Sub: your request dated 5.11.2007 under RTI Act.

This has reference to your request dated 5.11.2007 for seeking actual percentage of your marks including improved marks. In this connection, this is to inform you that as per CBSE Examination Bye-laws 44.1, a candidate who has passed an examination by the Board may re-appear for improvement of performance in one or more subjects in the main examination of succeeding years only. The candidate who appears for improvement of performance will only be issued statement of marks secured by him. No overall division/distinction/aggregate shall be awarded to such a candidate. As per section 19 of the Right to Information Act, 2005 you may file an appeal to the First Appellate Authority within 30 days of the issue of this order, whose particulars are given below: Name and address of the The Regional Officer First Appellate Authority Regional Office (CBSE)

PS 1-2, Institutional Area, I.P. Extn. Patparganj DL-92.

Yours faithfully,

(K.K. JAIN) A. P. I. O.

& A.S. (M&M/LEGAL)

Page 59: RTI Cases for ROD Legal

CBSE/ROD/LEGAL&RTI/F.N.-95/07 9.1.2008

Mohd. Abu NomanP.G.T. (Maths)A.M.U. City School,G.T. Road, Near Exhibition Ground,Aligarh-202001, U.P. India.

Sub: Your request dated 28.12.2007 under RTI Act.

Sir,

This has reference to your request dated 28.12.2007 wherein you have requested the Board to furnish the details of approved Examiners and Paper setters of all subjects appointed by the CBSE. In this connection, it is to inform you that the CBSE is an examining body and the process of examination/evaluation process warrants maintenance of confidentiality by both of the manner and method of evaluation comprising fairness and impartiality. When the answer papers are prepared and the examiners are appointed for evaluation of answer papers, the authority conducting the examination and the examiners/paper setters who prepare the question papers and evaluate the answer sheets stand in a fiduciary relationship with each other and any information which is communicated in a fiduciary relationship can not be furnished in any way by any organisation. And the same is also exempted under section 8( E) of Right to Information Act.As per section 19 of the Right to Information Act, 2005 you may file an appeal to the First Appellate Authority within 30 days of the issue of this order, whose particulars are given below:

Name and address of the The Regional OfficerFirst Appellate Authority Regional Office (CBSE)

PS 1-2, Institutional Area, I.P. Extn. Patparganj DL-92.

Yours faithfully,

(K.K. JAIN)ASSISTANT SECRETARY

(M&M/LEGAL)