Certified copy of answer sheet of two candidates who appeared for the post of reader etc. was denied u/s 8(1)(d) & 8(1)(j) - CIC: provide question paper, answer key & marks of the selected candidates; copy of answersheet of others need not be supplied
2 Sep, 2014Facts
2. The Appellant filed an RTI application dt.3.4.13 with the PIO, Maulana Azad Medical College seeking information against five points seeking certified copy of answer sheet of two candidate who appeared for the post of reader exam etc. The PIO replied on 7.5.13 denying the information u/s 8(d) and 8(j) of the RTI Act. Not satisfied with the reply, the Appellant filed an appeal dt.24.5.13 with the Appellate Authority. The Appellate Authority vide order dt.7.6.13 directed the PIO to provide information against points 3 and 4 of the RTI Application. On not receiving any reply, the Appellant filed a second appeal dt.4.8.13 before CIC.
3. During the hearing, the Respondent submitted that information against points 3 and 4 were supplied in compliance to the order of the Appellate Authority and information against points 1 and 2 are ready to be supplied. The Respondent from CBPACS submitted that information against point 5 can also be supplied.
4. Hon’ble Supreme Court of India in Central Board Of Sec.Education & ... vs Aditya Bandopadhyay & Ors [CIVIL APPEAL NO.6454 OF 2011] with respect to inspection of answersheet had observed that :
“14. The examining bodies contend that the evaluated answerbooks are exempted from disclosure under section 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; of the RTI Act, as they are `information' held in its fiduciary relationship. They fairly conceded that evaluated answerbooks will not fall under any other exemptions in subsection (1) of section 8. Every examinee will have the right to access his evaluated answerbooks, by either inspecting them or take certified copies thereof, unless the evaluated answerbooks are found to be exempted under section 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; of the RTI Act.” In view of the above the certified copy of answersheet of other candidates need not be supplied to the appellant.
5. The Commission directs the concerned PIOs to provide information against points 2 and 5 only which relate to the question paper, answer key of the exam and marks of the selected candidate in interview within three weeks of receipt of this order.
6. The appeal is disposed with the above direction.
(M. Sridhar Acharyulu)
Information Commissioner
Citation: Dustidev Sahu v. Maulana Azad Medical College in Case No. CIC/DS/A/2013/001483S