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karira

Answer script suit in high court

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sandeepbaheti

Hmm....Difference of opinion between two High Courts. Hopefully someone should take the matter to Supreme Court.

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karira

As reported by TNN in timesofindia.indiatimes.com on 21 February 2009:

Board answer sheets cannot be provided under RTI: HC-Allahabad-Cities-The Times of India

 

Board answer sheets cannot be provided under RTI: HC

 

ALLAHABAD: The Allahabad High Court has held that the photocopy of the answer copies of the UP Board examinations cannot be provided under the Right to Information Act (RTI) as it would open a way for the students for self-assessment.

 

The court said that the assessment of a candidate by an examiner was comparative and cannot be permitted to be open for self-assessment by the candidates.

 

Dismissing a writ petition filed by Meraj Khan, Justice Rakesh Tiwari observed, "Admittedly, right of a person under RTI Act cannot be protected beyond the provisions of law. The petitioner can only seek information or may be provided the documents which are permissible to be provided under the law or have not been weeded out as in the present case."

 

The petitioner claims to be a meritorious student and she had obtained 57 per cent marks in High School examination 2008. She had moved the application under RTI Act for providing photocopy of answer copies to her.

 

The grievance of the petitioner was that she had not been provided photocopy of the answer copies of her High School examination as requested by her. She also requested to provide information on other subjects in which she had appeared.

 

The state counsel submitted that the answer copies of the Board examinations were weeded out after six months of the declaration of the result. Since the petitioner had not applied for scrutiny within the prescribed time, her copies have been weeded out.

 

The application dated November 11, 2008 appears to be bogus as the marks obtained by her were available to her marksheet, observed the court.

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sandeepbaheti
The application dated November 11, 2008 appears to be bogus as the marks obtained by her were available to her marksheet, observed the court.

The court has absolutely no authority to determine the usefulness of the requested information or the rationale behind seeking information. It is supposed to pass its orders within the four corners of the law.

The state counsel submitted that the answer copies of the Board examinations were weeded out after six months of the declaration of the result. Since the petitioner had not applied for scrutiny within the prescribed time, her copies have been weeded out.

If the copies were destroyed before filing the RTI application, then the judgement seems to be reasonable. But in that case, this should not be generalized for other cases.

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karira

As reported by ENS in expressindia.com on 24 February 2009:

Disclosing answersheets: Varsities pulled up - Express India

 

Disclosing answersheets: Varsities pulled up

 

Kolkata To formulate a uniform mechanism for dealing with the RTI queries on disclosing answersheets of students, the state Higher Education department has asked the universities to come clean over the procedure in this regard.

 

The universities have been asked to submit the procedure they undertake to disclose answersheets within seven days to the secretary of Higher Education Department Secretary S C Tewari.

 

After the recent decision of the Calcutta High Court asking universities to show answerscripts to students, the institutions are in a fix. After exams are over, examination department of universities is likely to be flooded with RTI queries.

 

“There was a review of scripts before the judgment also but universities had there own mechanism to deal with this,” said Higher Education Minister Sudarshan Roy Chowdhury.

 

The universities have been asked to examine the order and the Higher Education department will come up with a centralised response system to the RTI queries.

 

The issue was discussed in a meeting attended by State IT minister Debesh Das and Vice-Chancellors of the state universities. Das also said in time of depression the universities should come up with courses to keep the students occupied after graduation. In coming years, the students will find it difficult to get jobs, he said.

 

The minister also suggested that a central data base of all the universities should be maintained and the facilities of e-admission, e-assessment can be extended to the universities in collaboration with the state IT department.

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karira

In a very strange coincidence, IC OPK has directed CBSE to give photocopies of the answer sheets of CBSE exam to a candidate. The grounds were that the father of the candidate and the Principal of his School claimed that the boy was brilliant, had claered IIT-JEE, AIEEE, etc. and his results in CBSE were not consumerate with his academic brilliance.

 

IC OPK allowed disclosure "in the interest of transparency and above all to keep the morale of a brilliant student high, so that the faith of brilliant students and general public may be strengthened in the education system of country."

 

This is contrary to the full bench order of the CIC - also regarding photocopies of CBSE answer scripts and of other exams conducted by bodies which only conduct exams.

 

However, it should be noted that the date of this order of IC OPK is 18 February 2009. Maybe he was influenced by the judgement of the Hon'ble Calcutta High Court in this matter on 05 February 2009.

 

Full order is attached to this post.

OK-18022009-03.pdf

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karira

As reported by Mita Mukherjee in telegraphindia.com on 03 March 2009:

The Telegraph - Calcutta (Kolkata) | Metro | CU to climb Mt Answer Script

 

CU to climb Mt Answer Script

 

Calcutta University could, in 20 years, be perched precariously on a mountain of answer scripts nine times taller than Mt Everest.

 

A recent high court order guaranteeing examinees access to their answer scripts for up to two decades under the Right to Information Act has given the university authorities a massive storage headache.

 

The university handles around 25 lakh answer scripts a year but doesn’t archive any for more than six months.

 

But the court’s verdict, read with the information act, means it now has to preserve every answer script for 20 years. That’s five crore answer scripts by the end of two decades.

 

“We are ready to abide by the court order as well as the provisions of the information act. But is it possible for any institution to create infrastructure to store such a huge pile of answer scripts?” a university official wondered.

 

The high court didn’t fix any deadline for students taking a look at their answer scripts but the information act specifies that examinees can apply for physical verification of their papers even 20 years after writing the test.

 

The vice-chancellor of Calcutta University, Suranjan Das, said his office would request the court to “clarify” whether archiving answer scripts for 20 years was “mandatory” under the information act.

 

“The process of showing answer scripts to students should not be a never-ending one. It could go on to affect academic and research activities,” he warned.

 

The average answer script contains 14 sheets of around 0.1mm thickness each. If answer scripts of 1.4mm each — 14 multiplied by 0.1mm — are piled up over 20 years at the rate of 25 lakh annually, Calcutta University will be saddled with a heap that is 70km tall (See chart).

 

“Just the thought of creating storage space for five crore answer scripts makes my head spin,” said an official of the university’s examination department.

 

The university conducts a “review” of answer scripts once a year. “We need to know what we should do if a student wants to see a script after the review results are declared and seeks re-evaluation,” the vice-chancellor said.

 

One of Das’s senior colleagues said the university might need to set up a separate department to archive answer scripts. “We will be able to dispose of the first lot only at the end of 20 years, but another 25 lakh will be added that year. It’s a burden that will never grow lighter. So, apart from creating infrastructure we will obviously need more funds and personnel.”

 

The university has already allotted some space to the examination department in a four-storeyed building that is under construction on the campus of Viharilal College of Home Science in Hastings.

 

The controller of examinations, Onkar Sadhan Adhikary, has been asked to compile a list of suggestions on how to archive answer scripts.

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harriers_mi27

Newtons 3rd Law.

The students suffered and now its time for the university.

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karira
Newtons 3rd Law.

The students suffered and now its time for the university.

 

Everyone has to adjust with the changing times and also obey the laws of the land - whether they like it or not, whether is convenient or not - even if they have to climb Mount Everest.

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jps50

Micro filming can be tried.

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prakashsjaiswal
As reported in zeenews.com on 20 February 2009

Student cannot demand photocopy of answer script under RTI: HC

 

Student cannot demand photocopy of answer script under RTI: HC

 

Allahabad, Feb 20: In a significant judgement, the Allahabad High Court on Friday ruled that a student cannot ask for his or her examination answer scripts under the Right to Information Act.

 

The order was passed by Justice Rakesh Tiwari while dismissing a writ petition filed by one Mahraj Khan, who had appeared for her high school examinations last year and secured 57 percent marks.

 

The court was of the view that providing photocopies of Board examinations to a student "would open a way for the students for self-assessment".

 

The petitioner had moved the court with the grievance that she had not been provided photocopy of answer scripts of her High School examinations despite having applied for the same on twenty seventh June last year.

 

She had also claimed that information sought by her, vide another application dated 11.11.2008, regarding a number of subjects in which she had appeared were not provided by the Board which told her that her answer scripts had been weeded out.

 

However, the Court observed "right of a person under the Right to Information Act cannot be protected beyond the provisions of law. The petitioner can only seek information or may be provided copies of the documents which are permissible to be provided under the law or have not been weeded out as in the present case".

 

 

 

 

_______________________________________________________________

 

It appears that the subject case is not of denying rigt to information, HC has only clarify that documents weeded out cannot be reproduced and hence there is no conflicting decisions.

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karira
_______________________________________________________________

 

It appears that the subject case is not of denying rigt to information, HC has only clarify that documents weeded out cannot be reproduced and hence there is no conflicting decisions.

 

Yes, that seems to be correct.

Better to wait and read the full judgement before drawing any conclusion.

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karira

The Supremem Court has stayed the decision of the Kolkata High Court based on a SLP© No. 11670/2009 vide order dated 14 May 2009.

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jtojaora

if we are not satisfied eith our answersheet checked or we find that in some correct questions marks are not awarded then what can we do

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dr c v ramamohan

Sirs,

 

Could some one tell me the final decision of the HC? Did teh HC finally decide that answers written by a student is indeed "information" under RTI?

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deepuiitk

Please can u tell the rtI case /Decesion number for reference,

Right won to scan script

As Reported by Pritam Ruz (LEGAL REPORTER) in the Telegraph

 

An examinee is entitled to see his evaluated answer scripts under the Right to Information (RTI) Act, Calcutta High Court ruled on Friday.

 

Justice Sanjib Banerjee, while delivering the order, directed Calcutta University to show the script of mathematics paper V (B.Sc) to Pritam Ruz, who had appeared in the graduation Part II exams from Presidency College last year.

 

“Students are under great stress while writing the test. At times, they don’t even realise what they are writing. So, they must have the right to know whether they had made any mistakes,” Justice Banerjee observed. “The RTI Act, based on Article 19 of the Constitution, empowers citizens to know facts.”

 

Pritam had scored 28 in mathematics paper V. He sought a review, after which the marks increased to 32. But the revised marks did not please him either, and he pleaded with the university to show him the script.

 

The authorities turned down his plea, prompting Pritam to move court on March 4. He claimed that the RTI Act bestowed on him the right to know whether his scripts were properly evaluated or not.

 

Pritam’s lawyer, Satadal Chattopadhya, argued that the university’s decision went against the act and hence, was unconstitutional.

 

Appearing for the university, Sambuddha Chakraborty said the institute’s regulations should not be challenged in court. Pritam, now an M.Sc student, said: “The ruling will benefit many students.”

 

A related News Item also appeared in the Times Of India here.

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