RUMANA YEASMIN Vs. CENTRAL BOARD OF SECONDARY EDUCATION AND ORS
LAWS(CAL)-2012-1-142
HIGH COURT OF CALCUTTA
Decided on January 13,2012

RUMANA YEASMIN Appellant
VERSUS
Central Board Of Secondary Education And Ors Respondents

JUDGEMENT

- (1.) The Court : The petitioner in this WP under art.226 is seeking the following principal relief: "a) A writ in the nature of Mandamus commanding the respondents to produce the papers of the subject Chemistry of the examination of the Senior School Certificate Examination 2011 as a private candidate the petitioner for the subject chemistry before the Hon'ble High Court and after production if any mistake is detected that must be rectified."
(2.) Case revealed by the WP is as follows. The petitioner submitted an application dated June 22, 2011 (at p.21) asking the Public Information Officer of the Central Board of Secondary Education to supply her an information. Alleging non-supply, she claims, she submitted an appeal dated July 25, 2011 (at p.23). Now alleging that by a letter dated September 23, 2011 (at p.28) certain untenable reasons for not supplying the information have been communicated, this WP has been brought.
(3.) In my opinion, the petitioner's remedy, if any, was either before the first appellate authority under s.19(1) of the Right to Information Act, 2005 or before the second appellate authority under s.19(3) of the Act. Since the allegation is that the Public Information Officer has neither supplied the information nor disposed of the application for information within the statutory period, the petitioner ought to have filed an appeal under s.19(1). If any s.19(1) appeal has not yielded result, she ought to have lodged a second appeal under s.19(3).;


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