The First Appellate Authority of the Insolvency and Bankruptcy Board of India (IBBI) decided an appeal filed under the Right to Information Act, 2005 concerning information about eligibility for the Pre-Registration Educational Course (PREC) required for enrolment with Insolvency Professional Agencies (IPAs). The appellant sought certified records showing whether graduates with 15 years of managerial experience are permitted by IBBI or specific IPAs to undertake the course and requested copies of approvals, communications, or guidelines confirming such eligibility. The Central Public Information Officer responded that relevant regulatory provisions and FAQs are already available on the IBBI website. Upon review, the First Appellate Authority held that under the RTI Act, a public authority is required to provide only information that exists on record and is held or controlled by it. The authority is not obligated to create, interpret, or compile information in a new format or address grievances through RTI. Since the relevant regulatory framework and FAQs are publicly accessible, the appeal was disposed of.
BEFORE THE EXECUTIVE DIRECTOR AND FIRST APPELLATE AUTHORITY
INSOLVENCY AND BANKRUPTCY BOARD OF INDIA
7th Floor, Mayur Bhawan, Shankar Market,
Connaught Circus, New Delhi -110001
Dated: 10th March 2026
Order under section 19 of the Right to Information Act, 2005 (RTI Act) in respect of RTI
Appeal No. ISBBI/A/E/26/00003
IN THE MATTER OF
Alok Kumar
…Appellant
Vs.
Central Public Information Officer
The Insolvency and Bankruptcy Board of India
7th Floor, Mayur Bhawan, Shankar Market,
Connaught Circus, New Delhi -110001
… Respondent
1. The Appellant has filed the present Appeal dated 12th February 2026, challenging the communication of the Respondent, filed under the Right to Information Act (RTI Act).
2. The Appellant has sought the following information pertaining to the registration conditions for Insolvency Professional Agencies (IPAs): –
“(i). Certified copies of records indicating which Insolvency Professional Agencies (IPAs) are permitted by IBBI to allow graduates having 15 years of managerial experience to undertake the Pre-Registration Educational Course (PREC) as part of the process for enrolment as a professional member.
(ii) Certified copies of any approvals, communications, circulars, guidelines, or instructions issued by IBBI to IPAs specifying or confirming that graduates with 15 years of managerial experience are eligible to complete PREC for the purpose of enrolment.
(iii) Whether all IPAs registered with IBBI are uniformly authorised to admit such candidates for PREC, or whether such permission is IPA-specific if IPA-specific, certified copies of records indicating the differential position.
(iv) In case no separate or explicit record exists identifying IPAs permitting such candidates to undergo PREC, a categorical statement to that effect, as per records.”
The CPIO has, inter-alia, replied that the FAQs for registration as valuer can be accessed by the Appellant on the IBBI website. Aggrieved with the reply, the CPIO has filed the present Appeal stating that the CPIO has wrongly denied the information sought by the Appellant.
3. I have carefully examined the application, the response of the Respondent and the instant Appeal 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. Section 2(j) of the RTI Act defines the “right to information” in term 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.
4. It is pertinent to note that the process of registration of individuals as insolvency professionals are broadly governed under the IBBI (Insolvency Professionals) Regulations, 2016 and IBBI (Model Bye-Laws and Governing Board of Insolvency Professional Agencies) Regulations, 2016, which are available on the IBBI website at https://ibbi.gov.in/legal-framework/updated . Moreover, the FAQs concerning the insolvency professionals (IP) can be accessed at https://ibbi.gov.in/uploads/faqs/FAQs%20on%20Registration%20as%20an%20Insolvency%20Prof essional 08 02 2023.pdf . Since the information as “held by or under the control of any public authority” is hosted in the public domain, the CPIO is not obligated to compile information in a specific format or resolve queries/grievances under the RTI Act. In M Jameel Basha Vs. CPIO, DoPT, New Delhi – 110001 (CIC/MPERS/A/2017/158527/SD dated 16.05.2019), the CIC has observed as follows:
“It may be noted that under RTI Act, CPIO is not supposed to create information or interpret/clarify/deduct information in respect of queries/clarifications. Similarly, redressal of grievance, noncompliance of rules, contesting the actions of respondent public authority and suggesting correction in government policies are outside the purview of the RTI Act.”
5. The Appeal is, accordingly, disposed of.
Sd/-
(Kulwant Singh)
First Appellate Authority
Copy to:
4d of India, 7th Floor, Mayur Bhawan, Shankar Market, Connaught Circus, New Delhi -110001.
