Case Study – 3

By | November 14, 2014

A citizen cannot seek disclosure of the evaluated Answer-Sheets under RTI Act, 2005

A candidate dissatisfied with his performance at the examination conducted by National Board of Examination, New Delhi, approached to the Public Information Office of the said examining body. The PIO refused his request of showing his evaluated answer-sheets quoting the provision of Section 8(1)(e) of RTI Act.

The candidate approached the First Appellate Authority of the organization and filed an appeal against the order of PIO under Section 19(1) of RTI Act, 2005. The First Appellate Authority took a liberal view of Section 8(1) (e) of RTI Act and directed the PIO to show the evaluated answer-sheets.

Not satisfied with the findings of both PIO and First Appellate Authority, the candidate filed a second appeal before the Central Information Commission where he mentioned in his appeal that after inspection it seemed to him that evaluation has not been done correctly. Hence he requested the Central Information Commission to order the NBE to arrange for reevaluation of his answer sheets besides requesting for copies of the answer-sheets.

The Commissioner after carefully considering the facts and circumstances of the case and also the guidelines for displaying answer –sheets of NBE issued by the organization fully agreed that there is no point of intervention in the examination process.

The Commission reiterated the full bench decision of the CIC which, states that “In regard to public examination conducted by institutions established by the Constitution like UPSC or institution established by any enactment by the Parliament or Rules made there under like CBSE, Staff Selection Commission, Universities, etc, the function of which is mainly to conduct the examination and which have an established system as full-proof as that can be, and which by their disclosure of evaluated answer sheets would result in rendering the system unworkable, we would like to put at rest the matter of disclosure of answer-sheets.

Therefore, a citizen cannot seek disclosure of the evaluated answer-sheets under the RTI Act, 2005.

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