The Delhi High Court today told the CBSE it cannot continue to enjoy the stay on a Central Information Commission (CIC) order allowing inspection of Union Minister Smriti Irani's class 10th and 12th records if it does not inform the RTI applicant about it.
Justice Vibhu Bakhru made the observation as the applicant, who had sought information about Irani's school records has not yet been informed whether the Central Board of Secondary Education (CBSE) has moved the high court against the CIC order or whether it has stayed.
The court issued fresh notice to the RTI applicant, Mohd Naushaduddin, and directed the Board to take steps to ensure that he is informed, failing which the interim stay order of February 21 this year will be vacated.
"Only enjoying the stay would not suffice," the court told CBSE and listed the matter for hearing on February 15. The CBSE had challenged the CIC's January 17 order on the ground that the school records of Irani cannot be disclosed under the Right to Information (RTI) Act as it was the third party information which was held in fiduciary capacity.
The CIC by its January 17 order had allowed the applicant to inspect the school records of Irani and rejected the CBSE's contention that the information sought by Mohd Naushaduddin was "personal". The CIC had said that when a public representative declares his educational qualifications, the voter has a right to check the declaration.