JUDGEMENT
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(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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