CBSE: Will the Board no longer be able to bar re-evaluation if a copy of the answer sheet is obtained?

CBSE Board Exams: The Central Information Commission (CIC) has issued important directives for CBSE board exam students. The Commission stated that students requesting copies of their answer sheets under the RTI Act should be charged photocopying fees strictly in accordance with the rates prescribed in the RTI Rules, 2012. Furthermore, the Commission objected to the CBSE provision that bars students from seeking re-evaluation after obtaining their answer sheets via RTI.

How did the matter originate?
This case stems from an RTI petition filed by a CBSE Class 10 student.
The student sought copies of their answer sheets under the RTI Act due to the high cost associated with the re-evaluation process.

The student also raised questions regarding the difficulty level of the Class 10 Mathematics (Standard) Set-3 question paper, the moderation policy applied for marking, and the marks deducted in their answer sheet.

What were the costs for answer sheets and re-evaluation?
According to the student, the fee was ₹2,500 to obtain copies of answer sheets for five subjects and another ₹2,500 for re-verification.
Additionally, a fee of ₹100 per question was applicable. Consequently, the total cost of the entire process could reach approximately ₹10,000.
For this reason, the student requested copies of the answer sheets under the RTI Act.

How did CBSE provide the answer sheet copy?
The CBSE's Central Public Information Officer (CPIO) informed the student on July 2, 2025, that the requested copies of the answer sheets had been sent via email upon receipt of the prescribed fee.

Subsequently, the student filed a first appeal. They raised questions concerning blank pages in the answer sheet, the moderation policy in Mathematics, and the evaluation of their answer sheet.

The First Appellate Authority stated that these issues differed from the information sought in the original RTI application and required separate explanations and analysis.

To which CBSE rule did the CIC object?
During the hearing, the CBSE's CPIO cited a Board circular dated May 19, 2025. It stated that while students could obtain copies of their answer sheets under the RTI Act, they could not request verification or re-evaluation of the answer sheets under the same Act.

The CIC objected to this provision. The Commission stated that denying a student re-evaluation simply because they had obtained their answer sheet via RTI is not in line with the spirit of the RTI Act and its rules.

What did the CIC say regarding RTI fees?
The CIC clarified that only the photocopying charges prescribed under the RTI Rules, 2012, should be levied for providing copies of answer sheets requested under the RTI Act.
The Commission stated that the CBSE cannot impose fees or conditions—through other rules or provisions—that are inconsistent with the RTI law regarding rights under the RTI Act.
In this context, the Commission also cited Section 22 of the RTI Act. This section gives the RTI Act overriding effect in the event of any inconsistency with other laws or provisions.

Which Supreme Court judgment was cited?
In its order, the CIC also referred to the Supreme Court's judgment dated April 11, 2019, in the *ICSI vs. Paras Jain* case. The judgment held that options available under an institution's guidelines and rights available under the RTI law are not mutually exclusive alternatives.

In other words, a student cannot be denied access to remedies available under an institution's rules simply because they have also availed themselves of the RTI mechanism.

What changes must the CBSE now make?
The CIC has directed the CBSE to provide answer sheets requested under the RTI Act at the prescribed photocopying charges.
Additionally, the Commission has recommended that the CBSE amend its circular dated May 19, 2025.
The Commission stated that the circular should be aligned with the provisions of the RTI Act. The CIC has also advised the CPIO to exercise due caution in such matters in the future.

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