Queries on Eligibility to Appear for Limited Insolvency Examination: IBBI Refuses to Answer due to availability of information on IBBI Website [Read Order]

Ashok Kumar Sethi, the Appellant has filed the present Appeal dated 29th July 2025, challenging the communication of the Respondent, filed under the Right to Information Act (RTI Act). As the Appeal required a detailed analysis of different provisions of the RTI Act, the same is disposed of within 45 days of receipt as enshrined under Section 19(6) of the RTI Act.

In the RTI Application, the Appellant had stated the following, the details/clarification with respect to eligibility to write Limited Insolvency Examination is provided in the FAQs on Limited Insolvency Examination available on the website of the Board and accessible at https://ibbi.gov.in/en/faqs.

Aggrieved with the reply, the appellant has filed the instant Appeal stating that the CPIO has wrongly denied the information and reiterated the queries as sought in his RTI Application.

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The responses of the Respondent and the Appeals and find that the matter can be decided based on the material available on record. In terms of section 2(f) of the RTI Act ‘information’ means “any material in any form, including records, documents, memos e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.” It is pertinent to mention here that the Appellant’s “right to information’ flows from section 3 of the RTI Act and the said right is subject to the provisions of the Act.

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Section 2(j) of the RTI Act defines the “right to information” in terms of information accessible under the Act which is held by or is under the control of a public authority. Thus, if the public authority holds any information in the form of data, statistics, abstracts, etc. an applicant can have access to the same under the RTI Act subject to exemptions under section 8.

The Appellant has raised queries pertaining to his eligibility to appear for the Limited Insolvency Examination, which is conducted by the Insolvency and Bankruptcy Board of India (IBBI). It is pertinent to note that the information pertaining to the Limited Insolvency Examination is hosted on the website of the IBBI at https://ibbi.gov.in/en/examination/view-examination/26.

The Frequently Asked Questions (FAQs) on Limited Insolvency Examination (For Examinations w.e.f 1 st July 2025) as available on the website, provides for the following information. It was answered that “All the details regarding valid qualifications and experience have been provided in the FAQs for registration as an Insolvency Professional. The same can be accessed at https://ibbi.gov.in/faqs. Any further clarifications can be sought from the Insolvency Professionals Division of the IBBI by writing to ipreg@ibbi.gov.in.”

In view of the aforesaid observations, the reply of the authority viewed that CPIO Respondent does not warrant any interference and disposed of the appeal.

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