Friday, September 17, 2010

[rti_india] Re: Treesa Irish wins at last


Dear Hariraj

Instead of agitating and posturing like a silly RTI activist, would you care to examine (sorry) 8(1)(d) as a lawyer.

PS: The above comment does not in any way detract from my congratulations to you for the result achieved in Ms.Irish's case, which incidentally I have publicly stated since 2006 that the 8(1)(e) and 8(1)(j) exemptions were untenable.


--- In, "Hariraj M.R." <harirajmr@...> wrote:
> (d) information including commercial confidence, trade secrets or
> intellectual property, the disclosure of which would harm the competitive
> position of a third party, unless the competent authority is satisfied that
> larger public interest warrants the disclosure of such information;
> This is the exception claimed on an answer sheet? I doubt it would ever
> validly stand. A postman writing a departmental exam, or a student writing
> his board exam or an examiner who values the papers does not do it in
> 'commercial confidence'
> Is there a Trade secret there? Is it trade to write exams and value answer
> sheets?
> And yes.. intellectual property. Intellectual property refers to original
> thought. Not the mugging of text books we expect from our students and
> examinees.
> And does it harm the competitive position of a third party when I know how
> my answer is valued, or if it was valued at all? It does not. The
> competitive position protected is not the position gained by a candidate by
> paying some bribe to examiner, where the examiner is induced to give lesser
> marks to another. The competitive position sought to be protected is only
> the one legally available. If some one demands the answer key before the
> exam, or the question paper before the exam, 8(1)(d) does apply. It does not
> otherwise.
> But then, law is dynamic. I do not think the day when this exception,
> howsoever absurd it seems to me will be raised by a pio. I only hope that
> the commisisons, activists, and the courts will rise to the occassion,
> though delayed, to face it and demolish it.

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