Jump to content

Raveena O Blog

Sign in to follow this  
  • entries
    22
  • comments
    13
  • views
    891

How to seek evaluated answer sheet

Sign in to follow this  
RAVEENA_O

8,347 views

HOW TO SEEK EVALUATED ANSWER SHEETS

 

First file an RTI Application with prescribed application FEE and request for --

 

[1] certified copies of my answer-sheets in …………………………… (subjects) of ………………………examination (say B.Sc 2nd year) held in ………........(summer/winter) 2012, Roll No. …………….. , Name of Candidate .............................., Exam Center ..................... and other details such as subject code, center code etc (as available in Hall Ticket. You can also attach the xerox copy of Hall Ticket.

RTI Application is to be addressed to the Public Information Officer (PIO) in the office of Registrar of University. The application shall be submitted by Speed Post and speed post delivery is tracked through India Post website SPEED POST TRACKING and a printout be kept on record.

 

PIO has to give a decision within 30 days from receipt your application. PIO shall inform you of additional fee i.e. document charges for supplying answer sheet. Additional fee has to be deposited immediately or by about 15 days time from receipt of such intimation from PIO. On remitting additional fee, PIO will send certified copies of answer-sheets to you.

 

Your right is limited to inspect or seek copies of your own answer sheet and you cannot seek answer-sheets of other candidates. Endorsement, signature or anything that disclose the identity of the evaluator appearing on Answer-sheet will not be disclosed.

 

You can also seek inspection of your Answer sheets. For this, you may mention in your RTI Application itself, that you would like to inspect your answer sheets and take the copy of answer-sheet identified by you upon inspection. For inspection, you have to attend the office of Registrar or Controller of Examinations of the University or record office were evaluated answer sheets are stored. For Inspection, there is no fee for the first one hour. After inspection, if you desire, you can seek the copy of your answer paper by paying prescribed document charges, which is normally Rs.2/- per A4 size paper.

Please remember the Hon'ble Supreme Court in the case of CBSE & Anr Vs Aditya Bandhopadhaya & Ors (Civil Appeal no. 6454 of 2011 arising out of SLP© No. 7526 of 2009) decided on 9/8/2011 has held that evaluated answer sheets of Universities, State Education Boards, Competitive Examinations, Recruitment Test, and Selection Tests etc are “information” within the meaning of RTI Act and therefore required to be disclosed under Right to Information Act. The PIOs are therefore under obligation to supply copy of evaluated answer sheets to the examinees.

CIC in the case of M.K. Sharma Vs CBSE held that the rules framed under the RTI Act fixing Fee cannot override the Statutory Rules framed by the Department prescribing Fee for the dissemination of information. CIC in this decision followed the decision of Hon'ble Delhi High Court in the case of Registrar of Companies Vs Dharmendra Kumar Garg decided on 1.6.12

 

Therefore for obtaining Information on Evaluated Answer Books, if there is a Departmental Route i.e. Rules framed by State Education Boards, CBSE or University, the applicant has to follow that route instead of invoking the provisions of RTI.

 

Read this Decision of CIC : [ATTACH]9850[/ATTACH]

This view was in conformity with the decision of Delhi High Court in the case of Registrar of Companies Vs Dharmendra Kumar Garg, in which it was held by Hon'ble Delhi High Court to obtain the information by invoking the prescribed procedure under the Companies Act, 1956.

 

Hon'ble Delhi High Court in the case of Paras Jain Vs Institute of Company Secretaries of India (LPA no. 275 of 2014) had held that :

5. It is trite that an executive instruction if in violation of a statutory rule or a regulation must yield to the statutory rule or regulation.

6. Thus, the demand by the respondents from the petitioner to pay a fee in the sum of `500/- per subject/ answer book copy whereof is sought is not sustainable.

 

7. We dispose of appeal quashing guideline No.3 notified by the respondent and declare that for the answer sheets copy whereof is sought by the appellant he shall be charged fees as per Rule 4 of the Right to Information (Regulation of Fee and Cost) Rules, 2005.

 

DELHI HIGH COURT JUDGMENT

 

In this case, a fee of Rs.500 per subject was decided through an executive order by Institute of Company Secretaries of India which has no statutory force, hence quashed by HC at the admission stage itself. Otherwise, if there is a departmental procedure prescribed by statutory law, the applicant has to follow that departmental rule.

 

[ATTACH]10837[/ATTACH]

 

ALSO READ THIS DISCUSSION THREAD:

DISCLOSURE OF EVALUATED UNIVERSITY ANSWER SHEETS

https://www.rtiindia.org/forum/51819-disclosure-university-examination-answer-sheets.html

 

SUPREME COURT JUDGMENT : https://www.rtiindia.org/forum/attachments/rti-general-discussions/4638d1313137119-disclosure-university-examination-answer-sheets-supreme-court-judgment-dt-09-08-11-evaluated-answer-sheet.pdf

 

ALSO READ

WRITE/SUBMIT/SAMPLE RTI Application by https://righttoinformation.wiki/guide/applicant/application/how-fill-rti-application-form

 

SUBMIT RTI APPLICATION https://righttoinformation.wiki/guide/applicant/second-appeal/complaint

Sign in to follow this  


0 Comments


Recommended Comments

There are no comments to display.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy