Jump to content
News Ticker
  • RTI query reveals banking frauds of ₹ 2.05 Trillion reported in the last 11 years
  • 509 per cent rise in cases under child labour law: Study
  • The Central Information Commission has allowed disclosure of file notings on the mercy petition of a rape and murder convict, rejecting the government's contention that the records cannot be disclosed as these are privileged documents under Article 74(2) of the Constitution.
  • Electoral bonds worth over ₹5,800 crore were bought by donors to fund political parties between March 1, 2018 and May 10, 2019, a Right to Information reply has said.
  • Don't pay 500/- for answer sheet now- Supreme Court says if Answer sheet is asked under RTI, RTI Fees will be governed
Atul Patankar

Now, you can use RTI to re-evaluate answersheets

Recommended Posts

Atul Patankar

As reported at khabar.ibnlive.in.com on Aug 09, 2011

 

नई दिल्ली। सुप्रीम कोर्ट ने अपने एक ऐतिहासिक फैसले में साफ कर दिया है कि कोई भी परीक्षार्थी अपनी यूनिवर्सिटी, बोर्ड अथवा स्कूल से सूचना के अधिकार के तहत अपनी उत्तर पुस्तिका मांग सकता है। सुप्रीम कोर्ट का ये निर्णय प्रतियोगी अथवा भर्ती परीक्षाओं में भी लागू होगा और उनकी भी कॉपी आरटीआई एक्ट के तहत मांगी जा सकेंगी। कोर्ट के इस निर्णय को छात्रों के हित में उठे बड़े कदम के रूप में देखा जा रहा है। इससे परीक्षाओं में पारदर्शिता बढ़ेगी और छात्रों के अधिकारों की रक्षा होगी।

गौरतलब है कि जुलाई में कोलकाता हाईकोर्ट ने एक मामले में फैसला सुनाया था कि छात्रों को आरटीआई एक्ट के तहत अपनी कॉपी मांगने का अधिकार है। इसके खिलाफ कई संस्थान सुप्रीम कोर्ट चले गए लेकिन सुप्रीम कोर्ट ने हाईकोर्ट के निर्णय को बरकरार रखते हुए उनकी याचिकाएं खारिज कर दीं।

सुप्रीम कोर्ट के इस फैसले से उन छात्रों को राहत मिलेगी जिन्हें लगता है कि उन्होंने प्रश्नों के जवाब सही दिए थे लेकिन इसके बावजूद उन्हें पर्याप्त नंबर नहीं दिए गए। अब वे अपनी कॉपी मांगकर खुद देख सकते हैं कि उनकी कॉपी ठीक से चेक की गई है या नहीं।

Share this post


Link to post
Share on other sites
abhijain

HONRABLE SUPEREME COURT GAVE DECISION THAT STUDENT CAN DEMAND FOR ANY EXAM ANSWERSHEET. ( university, competative, schools etc etc)

Share this post


Link to post
Share on other sites
parsar

Upload decision as soon you get it. Here many members will be posting queries regarding obtaining answer sheets, that would help all of them.

Share this post


Link to post
Share on other sites
abhijain

Finding decision.....googling

Share this post


Link to post
Share on other sites
abhijain

Source:: http://ibnlive.in.com/news/students-have-right-to-inspect-answersheets-sc/174372-3.html

 

By Press Trust of India (Posted on Aug 09, 2011 at 08:26pm IST)

New Delhi: The examinees have a right to inspect answer-sheets under the transparency law, the Supreme Court on Tuesday ruled. The evaluated answer-sheets are covered under the definition of the "information" under the Right to Information Act, a bench comprising Justices RV Raveendran and AK Patnaik said.

 

It upheld the judgement of the Calcutta High Court which had said "rejection for inspection of answer-sheets cannot be sustained".

The apex court dismissed the appeals of Central Board of Secondary Education CBSE), West Bengal Board of Secondary Education, West Bengal Council for Higher Education, University of Calcutta, Institute of Chartered Accountants of India and West Bengal Central School Service Commission which had challenged the February 5, 2009 judgement.

 

The apex court agreed with the findings of the High Court that the examination conducting bodies do not retain the evaluated answer-sheets under any "fiduciary capacity".

 

The Assam Public Service Commission and Bihar Public Service Commission had also joined in and opposed the disclosure of answer-sheets to examinees.

Share this post


Link to post
Share on other sites
smbhappy

can some one give the petition number?

Share this post


Link to post
Share on other sites
RAVEENA_O

The Supreme Court on 9th Aug 11 ruled that students aggrieved with their examination scores in Entrances Exam for Professional courses, Std-X & XII, Recruitment Tests can get the copy of their evaluated Answer Paper under Right to Information Act. The Bench of Justices R.V. Raveendran and A.K. Patnaik on 9th Aug 11 dismissed a bunch of appeals fled by the CBSE, WBBSE, ICAI, University of Calcutta, WBSC and Assam Public Services Commission. The rule prevailed till now only allowed mere retotalling of scores. Now the Court has directed for reevaluation of answer-sheets, which will include whether examiner missed out awarding marks for answers.

 

The petitioners had challenged rulings by different Information Commissioners to reveal the answer books to the students. The basic contention of Education Boards, Calcutta University and ICAI was that there was a fiduciary relationship between the examiner and the Board and hence it was not proper to show the answer-sheet to the Student - claiming exemption under Sec-8(1)(e) of the Act. The Central Board of Secondary Examination had sought total exemption from the ambit of RTI Act. However, in a path-breaking order, the Hon'ble Supreme Court dismissed these bunch of appeals. The celebrated judgement of Calcutta High Court in Pritam Rooj case has now attained finality.

 

By the above judgment, the law now prevailing is to DISCLOSE EVALUATED ANSWER SHEETS.

 

 

Also please read detailed discussion on DISCLOSURE OF EVALUATED ANSWER SHEETS in this link:

http://www.rtiindia.org/forum/51819-disclosure-university-examination-answer-sheets-new-post.html

Share this post


Link to post
Share on other sites
jps50

Share this post


Link to post
Share on other sites
aslamkhan

http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOIM/2011/08/10&PageLabel=3&EntityId=Ar00306&ViewMode=HTML

 

Dhananjay Mahapatra TNN

 

 

New Delhi: The Supreme Court on Tuesday ruled that students aggrieved with their examination scores, including Stds X and XII, entrance exams for professional courses as well as job recruitment tests, can now take a look at how they were evaluated by moving an application under the Right to Information Act.

So far, only re-tabulation of marks was possible. Now, the court has provided for re-evaluation of answersheets, which will include whether the examiner missed out awarding marks for answers to some of the questions.

Passing the path-breaking order that will be lapped up by students but may cause consternation among the teaching fraternity, the apex court bench of Justices R V Raveendran and A K Patnaik dismissed the appeals filed by various boards, including CBSE and the West Bengal Board of Secondary Education. CBSE wanted exemption from RTI ambit New Delhi: The Supreme Court has rejected the appeals filed by boards like the Institute of Chartered Accountants of India, University of Calcutta, West Bengal Central School Services Commission and the Assam Public Services Commission on allowing students to re-evaluate their answersheets. The petitioners had challenged rulings by different information commissioners under the RTI Act directing them to show the answersheets to students. The basic contention of all these education boards, Calcutta University and the ICAI was that there was a fiduciary relationship between the examiner and the board, and hence it would not be proper to show the answersheet to a student. The CBSE had claimed exemption from the ambit of the RTI Act.

The classic among the cases dealt by the apex court was that of Kolkata student Pritam Rooj, who had scored 91.6% in the Class X examination and 80.8% in the higher secondary (Class XII) exam. But his performance dipped unexpectedly in the mathematics honours course, which he studied in Presidency College under Calcutta University. In 2005, he got a mere 52% in his Part-I examination and an identical percentage the following year in Part-II, with just 28 out of 100 in the fifth paper. Rooj had applied for re-evaluation of the paper, and was awarded four additional marks by the university. But that did not give him a first division and ruined his dream of studying in the Indian Institute of Science, Bangalore. On August 14, 2007, Rooj filed an RTI query seeking a copy of his answersheet from the university. But the principal information officer said no inspection of answersheet was permitted under the RTI Act. He then moved the Calcutta HC and got a favourable order. Similar orders came in from the HCs of Gauhati in Assam and other places. The SC had joined them together and heard arguments.

Share this post


Link to post
Share on other sites
karira

An article by Vinita Deshmukh in moneylife.in on 10 August 2011:

http://moneylife.in/article/78/18822.html

 

Ultimate victory for students: Tuesday’s Supreme Court judgment orders access of copies of answer sheets of all examinations

 

The apex court has ruled that evaluated answer-sheets are covered under the definition of “information” under the RTI Act. This judgment applies to all examinations including the Public Service Commissions, Universities, CBSE and other boards, professional bodies like ICAI—in fact, every examination conducted by any agency in India.

 

On 25th May, (Result Season: Thanks to RTI, students can now access their answer sheets) Moneylife had mentioned that though copies of answer sheets were being made available to students in several instances under the RTI (Right to Information) Act, a Supreme Court judgment was awaited in this matter.

 

A Kolkata student, Pritam Rooj would never have imagined that his aborted crusade of trying to procure a copy of his answer sheet from Presidency College, Calcutta University in 2007, would eventually be taken forward by two esteemed organisations in the country working for transparency-Mazdoor Kisaan Shakti Sangathan (MKSS) and Join Operation for Social Help (JOSH) to a thumping and applausive logical end.

 

On Tuesday, the Supreme Court gave a historic order ruling that every student of this country has the right to get a copy of his or her answer-sheet in every examination he or she sits for-be it the state board, CBSE or any competitive examination!

 

Here's a recap:

 

Kolkata student Pritam Rooj obtained 91.6% in the Class X examination and 80.8% at the Higher Secondary (Class XII) examinations. He enrolled for the mathematics honours course at Presidency College, Calcutta University. In the Part I Bachelor's degree examination, in 2005, Pritam secured 52%. The following year, he appeared for the Part II exam and got 208 marks out of a maximum 400. He was shocked to see that he got only 28 marks out of 100 in the fifth paper.

 

Pritam applied for re-evaluation of the paper. On re-evaluation, he received four marks more in the fifth paper and a fresh corrected mark-sheet was issued to him. However, since he did not get a first class in his Bachelor's course, he could not get admission to the Indian Institute of Science, Bengaluru.

 

On 14 August 2007, Pritam made a request under the RTI Act, seeking a copy of his university answer-sheet. The PIO replied: "In response to your above application I am to inform you that it has been decided that henceforth no inspection of any answer script of any examination conducted by the University shall be allowed to any applicant under the Right to Information Act, 2005. Thus we cannot entertain your application and the same is rejected."

 

Pritam was compelled to seek legal intervention. While the University refused to divulge information, the Calcutta High Court gave an order in Pritam's favour. In a detailed order by the Single bench of the High Court dated 3 March 2008, the Hon'ble Mr Sanjib Banerjee allowed the petition filed by Pritam Rooj and directed the University of Calcutta to disclose the answer-sheets.

 

This order given in favour of the student was challenged before the division bench of the Calcutta High Court by the University of Calcutta. CBSE also approached the Calcutta High Court against the order of the single bench of the Calcutta High Court allowing disclosure of the answer-sheet. The division bench of the Calcutta High Court also stood by its order.

 

However, on 5 February 2009, both the Calcutta University and the CBSE approached the Supreme Court. Subsequently, various other institutions conducting examinations like the Institute of Chartered Accountants of India, Assam Public Service Commission, West Bengal Board of Secondary Education, West Bengal Council for Higher Education, West Bengal Central School Service Commission and Bihar Public Service Commission also joined in and opposed the disclosure of answer-sheets to the examiners.

 

By this time, quite understandably, the student who triggered off this issue, Pritam Rooj, decided to give up pursuing the case at the Supreme Court. Since he did not represent to argue his case, on 3 April 2010, Human Rights Law Network (HRLN) represented by Advocate Divya Jyoti Jaipuriar filed an intervention application on behalf of the applicants MKSS and JOSH, who joined in to address this issue which concerns millions of students of the country.

 

The petitioners spearheaded by the representative of the Calcutta University contended in the Supreme Court that evaluated answer-sheets are not covered under the definition of the "information". They also stated that the evaluated answer-sheet is kept with the institution under "fiduciary'' capacity and that if the disclosure of the copy of the original answer sheet was allowed, the entire system will collapse.

 

It maybe recalled that the Karnataka Information Commission in one such case has observed as follows regarding a "fiduciary" relationship: "As may be seen, section 8 (1) (e) exempts disclosure of information available to a person in his fiduciary relationship. According to the Oxford dictionary, the word "fiduciary" means "involving trust, especially with regard to relationship between a trustee and a beneficiary".

 

"The fiduciary relationship for the purposes of this section would imply that the person holding the information is not the owner of the information but holds it in trust for someone else who is the owner and the beneficiary. In this case, it therefore needs to be examined whether this type of relationship exists between the authority conducting the examination and the examiners as recognized by CIC and pleaded by the Respondent.

 

"The relationship between the authority conducting the examination and the examiners is governed by the terms and conditions of appointment of the examiners. It is wrong to say that confidentiality should be maintained by both, of the manner and method of evaluation. Firstly, this Commission finds it difficult to endorse the general statement that the manner and method of evaluation should be kept confidential. In this Commission's view, general instructions regarding the manner and method of evaluation must be consistent and should be made known in advance to the candidates, so that they are aware as to how their answers would be evaluated. As regards "key" or "model" answers, these should also be made public after the entire process of selection is over.

 

"Secondly, while examiners are bound by the secrecy clause in their order of appointment, there can be no such obligation on the part of the authority conducting the examination. There is no agreement between the examiners and the authority conducting the examination that the information regarding valuation and award of marks is being held by the authority conducting the examination in trust and on behalf of the examiners. In fact, the examiner has been assigned a task and thereafter his responsibility ceases. He has no authority thereafter to claim that the answer books evaluated by him and marks awarded by him should be treated as confidential and that copies of the same should not be made available. In fact such a provision, if it was made, would be a complete antithesis of the fairness in evaluation system. This Commissioner therefore is of the view that in the fiduciary relationship between the Authority conducting the examination and the examiners, while the Authority is the owner/beneficiary of the information, the examiner is the trustee and not the other way round. The examiners have to hold the answer-scripts and the marks awarded by them as confidential, in trust for the authority conducting the examination, since they are not the owners of the information. But there is no such obligation on the authority, which in this case owns the information."

 

In the landmark judgment on Tuesday, the Supreme Court allowed the disclosure of the answer-sheets under the RTI Act to the examinee. The bench comprising Hon'ble Justice RV Raveendran and Hon'ble Justice AK Patnaik dismissed the petitions filed by different Public Authorities and affirmed the judgment of the Hon'ble Calcutta High Court allowing the disclosure of answer-sheets.

 

States a jubilant Divya Jyoti Jaipuriar, "In the order delivered yesterday, the bench clarified that the evaluated answer-sheet is covered under the definition of "information". It also clarified that it is the duty of the Public Authority to allow maximum disclosure as envisaged by the RTI Act.''

 

Divyapur further stated, "Dealing with the issue of "fiduciary relationship", the court has explained the fiduciary relationship in detail and held that the examination conducting bodies do not retain the evaluated answer-sheets under any fiduciary capacity. Hence, the Court held that that the exemption under section 8 (1) (e) will not apply to the disclosure of answer-sheets. The Court also dismissed the contention that the entire system will collapse once disclosure is allowed under the RTI Act. As a matter of fact, it was argued on behalf of the MKSS and JOSH that some universities allow disclosure of answer-sheets under the RTI Act and they do not face any difficulty in the process and their system have not "collapsed".''

 

In a press release, The National Campaign for Peoples' Right to Information (NCPRI) welcomed the landmark judgement of the Supreme Court Bench comprising Justice RV Raveendran and Justice A K Patnaik today, allowing the disclosure of the answer sheets of examinations conducted by any agency in India, under the RTI Act. The NCPRI believes this ruling would positively affect the transparency rights of lakhs of students of all kinds across the country including examinations conducted by school boards, Universities and public service commissions, and help bring about the much-needed reform in the examination system in the country. It congratulated the applicants for pursuing the matter to its logical conclusion.

 

This landmark judgment has also snubbed the joint decision made by the Central Information Commission (CIC) which was particularly against students appearing for CBSE. The CIC which was hearing several petitions together of students appearing for various board and competitive examinations on 23 April 2007 gave an order stating that "Before us are appeals in relation to examinations conducted by CBSE, Lok Sabha Secretariat, Jal Board, DDA and North Western Railways. Insofar as CBSE is concerned, we have held that denial of disclosure has been correctly done. In respect of the other public authorities, we are of the view that each public authority conducting examinations shall disclose the evaluated answer sheets to the applicants subject to the guidelines set forth in the preceding paragraphs. The other cases are remanded back to the concerned Information Commissioner for issuing appropriate directions taking into consideration the broader principles laid down and indicated in the preceding paragraphs. All the appeals are disposed of in the above terms. Copies of the decision be sent to all concerned free of cost."

 

Now, Public Information Officers and Information Commissioners will not have to abide by the joint CIC decision as the Supreme Court in one sway has allowed access to copies of answer sheets of all examinations.

Share this post


Link to post
Share on other sites
abhijain

छात्र अब देख सकेंगे आरटीआई के तहत उत्तरपुस्तिका( DAINIK BHASKAR)

Link ; http://www.rtiindia.org/forum/77603-rti-happenings-now-you-can-use-rti-re-evaluate-answersheets.html#post189232

नई दिल्ली. सुप्रीम कोर्ट ने मंगलवार को व्यवस्था दी कि कोई भी परीक्षार्थी सूचना के अधिकार (आरटीआई) के तहत उत्तरपुस्तिका देख सकता है। अदालत ने कहा कि आरटीआई के तहत मूल्यांकन के बाद उत्तरपुस्तिका ‘सूचना’ की परिभाषा के अंदर आती है।

जस्टिस आरवी रवींद्रन और एके पटनायक की बेंच ने मंगलवार को सीबीएसई,वेस्ट बंगाल बोर्ड आफ सेंकेंडरी एजुकेशन, वेस्ट बंगाल सेंट्रल स्कूल सर्विसेज कमीशन, वेस्ट बंगाल काउंसिल फॉर हायर एजुकेशन, कलकत्ता विवि और इंस्टीट्यूट ऑफ चार्टर्ड एकाउंटेंट्स की वह याचिका खारिज कर दी जिसमें उन्होंने कलकत्ता हाईकोर्ट के 5 फरवरी, 2009 के एक आदेश को चुनौती दी थी।

हाईकोर्ट ने कुछ छात्रों को अपने आदेश में उत्तरपुस्तिकाएं देखने की अनुमति दी थी। अंतत: शीर्ष अदालत ने हाईकोर्ट के आदेश से सहमति जताते हुए यह आदेश दिया। अदालत ने कहा कि परीक्षा लेने वाली संस्थाएं छात्र को उत्तरपुस्तिका देखने से वंचित नहीं सकतीं। असम पब्लिक सर्विस कमीशन और बिहार पब्लिक सर्विस कमीशन ने भी उत्तरपुस्तिका दिखाने का विरोध किया था।

 

आपकी राय

 

निश्चित तौर पर सुप्रीम कोर्ट का यह फैसला स्वागत योग्य है। इससे न केवल छात्रों को उत्तरपुस्तिका देखकर अपनी क्षमता के बार में पता चलेगा बल्कि अपनी पिछली गलतियों से सबक सीखते हुए आगे और अच्छा करने का मार्ग प्रशस्त होगा। पर इसके साथ ही यह प्रश्न उठता है कि अबतक ऐसा क्यों नहीं हो पाया था जबकि इस मामले में गोपनीयता का ऐसा कोई बड़ा सवाल नहीं है?

 

आप क्या सोंचते है इस बारे में हमें बताएं।

Share this post


Link to post
Share on other sites
karira

As reported by IANS in diajiworld.com on 10 August 2011:

http://www.daijiworld.com/news/news_disp.asp?n_id=111598

 

Students rejoice, teachers caution on apex court ruling

 

New Delhi, Aug 10 (IANS) The Supreme Court's ruling allowing examinees to access their evaluated answer sheets under the Right to Information (RTI) Act has brought cheer to students but some school and college principals say "the move is a misfit for the education system".

 

"From the student's perspective, it is a respite. They will get to see more clarity and might even see change in marks, but for the CBSE (Central Board of Secondary Education) it would be tough to revisit the logistics and managerial resources," Madhulika Sen, principal of Tagore International School in south Delhi, told IANS.

 

Ruling that evaluated answer sheets were covered under the definition of "information" under the RTI Act, the apex court Tuesday said its judgment applied to all examinations including those conducted by public service commissions, universities, the CBSE and other boards and professional agencies.

 

"How can you overburden the CBSE, which is too busy with work related to Class 10 and 12 exams, when the number of school students in the capital is already over three lakh," said Jyoti Bose, principal of Springdales School, Dhaula Kuan, in south Delhi.

 

"Most of the times, re-tabulation shows errors in feeding marks into the computer. So that is mechanical error, and not the fault of the teacher," Bose said.

 

Her views were echoed by principal of Delhi University's Ramjas College, Rajendra Prasad, who welcomed the move but was apprehensive about its misuse.

 

"It's definitely a step in the right direction and will ensure transparency in the process of examination and trust in the minds of the students," Prasad told IANS.

 

"It may be misused by some and some criterion must be laid down. If everybody starts filing RTI applications it will only lead to burden and confusion," he added.

 

Students were not impressed with the caution sounded by teachers and termed the ruling as a blessing.

 

The ruling is also a reason to celebrate for students whose marks were goofed up in the past.

 

"I've seen many cases where re-tabulation could not satisfy a student whose result was below expectation. What's the harm in a student getting access to his answer sheet? After all, our careers are at stake," said Gunjeet Kaur, a second year student of Hindu College.

 

"It's indeed a blessing," she added.

 

Kaur's views were echoed by a 31-year-old journalist who got 26 marks in economics in her Class 12 boards in 2000. However, on re-evaluation the score went up to 76.

 

"It was a harrowing experience for me and my family as we knew that it was a mistake. We could only take recourse to re-evaluation," recounts the journalist, who did not wish to be named.

 

"Luckily, the result came on time for me to take admission in the college and course of my choice, otherwise my career would have been ruined. I will definitely celebrate this verdict," she added.

Share this post


Link to post
Share on other sites
Atul Patankar

As reported at indianexpress.com on Aug 11 2011

 

RTI to check answersheets can be misused: Educationists

 

Pune : Students might have lauded the Supreme Court decision to allow the inspection of answersheets under the Right to Education (RTI) Act but educationists are a bit worried about its implementation. Many believe that it could be misused.

Jayant Jain, president, Forum for Fairness in Education said, “This decision was long pending and it will be of great benefit for the students. However, there is a chance that all students, even if they are scoring high marks, would want to file a RTI plea to get a few additional marks.”

 

“The step will be useful for the applicants of competitive exams, where even a mark or two, can make a difference. But the government should put forth some norms so that it is not misused in any way.” he added.

 

For Yashpal Kamble, who recently appeared for a bank exam, this step comes as a relief. “Many times when we sit for exams, the scores that we get are completely different from we expect. At times, the cases might be genuine but we can not rule out carelessness on the part of the evaluators. This step will make the entire process more accountable and transparent. Also, since the replies will come under RTI, it will help speed up the revaluations process.”

 

Welcoming the Supreme Court’ s move, Rajendra Lale, principal of Kendriya Vidyalaya Range Hills, Kirkee, said, “Incorporating the RTI Act for the answersheets will prove beneficial for the students as well as the examiners. Students have the right to know how their papers are assessed and how are they evaluated, especially when their careers depend on the marks they score.”

 

Lily Patel, principal, Sardar Dastur Hoshang Boys’ School is, however, apprehensive about the move. She feels that the move might lead to a big chaos as every student who is not happy with the marks, will file a RTI. “Schools should be consulted to find whether a particular case is genuine or not.”

Share this post


Link to post
Share on other sites
Atul Patankar
Lily Patel, principal, Sardar Dastur Hoshang Boys’ School is, however, apprehensive about the move. She feels that the move might lead to a big chaos as every student who is not happy with the marks, will file a RTI. “Schools should be consulted to find whether a particular case is genuine or not.”

 

Would have been surprised had no one whined about misuse and additional workload. Had the schools and so called educationists been sensitive to 'genuine' cases, then the demand would not have had so much urgency about it. As it is, once RTI root is available, students will also have to think twice before complaining about evaluation. And this should have been a welcome move by education sector. But no one wants to be answerable, transparent .

Share this post


Link to post
Share on other sites
karira

In any case RTI can only be used to get a "copy" of the answer sheet.

RTI cannot be used to ask for evaluation, etc. - all that depends on the policy and practice of the University/Board/Professional body/etc.

 

I wonder what will UPSC do now ?

Share this post


Link to post
Share on other sites
smbhappy

Here also the PIO will try to take guard of Section 8(1)(e) and 8(1)(g) and 8(1)(j) in so far as the details of examiner is concerned, who has examined the answer-sheets. However, he should disclose the evaluated answer-sheet but severe the details of examiner under section 10 and provide rest of the information. This comments have been posted without reading the SC Judgment. I hope SC has dealt with this situatuion too.

Share this post


Link to post
Share on other sites
ambrish.p

As reported in Dainik Jagran on 10/08/11

 

आरटीआइ देकर छात्र देख सकेंगे उत्तर पुस्तिका

 

ठ्ठ जागरण ब्यूरो, नई दिल्ली छात्र सूचना के अधिकार कानून (आरटीआइ) के तहत अपनी उत्तर पुस्तिकाएं देख सकते हैं। मंगलवार को सुप्रीमकोर्ट ने अपने एक अहम फैसले में कहा कि जांची जा चुकी उत्तर पुस्तिकाएं आरटीआइ कानून में दी गई सूचना की परिभाषा के तहत आती हैं। सुप्रीम कोर्ट के इस फैसले के बाद सभी तरह की परीक्षाओं में शामिल होने वाले विद्यार्थियों को आरटीआइ के तहत अपनी जांची जा चुकी उत्तर पुस्तिकाएं देखने का अधिकार होगा। यह महत्वपूर्ण फैसला न्यायमूर्ति आरवी रवीन्द्रन व एके पटनायक की पीठ ने कलकत्ता हाईकोर्ट के 5 फरवरी 2009 के फैसले को सही ठहराते हुए सुनाया है। कलकत्ता हाईकोर्ट ने भी अपने फैसले में कहा था कि छात्र आरटीआइ के तहत अपनी उत्तर पुस्तिकाएं देख सकते हैं। हाईकोर्ट ने तो यहां तक कहा था कि जब मतदाताओं को उम्मीदवार का बायोडाटा जानने का अधिकार है तो छात्रों को तो अपनी उत्तर पुस्तिकाएं देखने का उससे ज्यादा अधिकार है। हाईकोर्ट के इस फैसले को सीबीएसई, वेस्ट बंगाल बोर्ड आफ सेकेन्ड्री एजूकेशन, इंस्टीट्यूट आफ चार्टर्ड एकाउंटेंट आफ इंडिया, कलकत्ता विश्वविद्यालय, वेस्ट बेंगाल काउंसिल आफ हायर सेकेन्ड्री एजूकेशन, चेयरमैन वेस्ट बंगाल सेंट्रल स्कूल सर्विस कमीशन, असम सर्विस पब्लिक सर्विस कमीशन, व बिहार पब्लिक सर्विस कमीशन ने सुप्रीम कोर्ट में चुनौती दी थी।

 

Source: http://in.jagran.yahoo.com/epaper/article/index.php?page=article&choice=print_article&location=49&category=&articleid=111718410531810036

Share this post


Link to post
Share on other sites
jps50

Full judgement at:

http://www.judis.nic.in/supremecourt/helddis3.aspx

 

Cases covered by this judgement:

CA No. 6456 of 2011 [@ SLP © No.9755 of 2009 - WEST BENGAL BOARD OF SEC.EDUN.& ORS Vs. CHIEF INFOR.COMMR.W.B.INFORMN.COMMN.&ORS ]

 

 

CA Nos.6457-6458 of 2011 (@ SLP © Nos.11162-11163 of 2009: W.BENGAL BOARD OF SEC.EDUCATION & ORS. XVI Vs. STATE CHIEF INF.COMMR. WEST BENGAL&ORS. )

 

CA No.6461 of 2011 (@ SLP © No.11670 of 2009- UNIVERSITY OF CALCUTTA & ORS. Vs. PRITAM ROOJ & ANR.

 

CA Nos.6462 of 2011 (@ SLP © No.13673 of 2009: WEST BENGAL COUNL.OF HIG.SEC.EDU.& ANR. Vs. PRITAM ROOJ & ORS)

 

CA Nos.6464 of 2011 (@ SLP © No.17409 of 2009: CHAIRMAN,W.B. CENT.SCHOOL SERV.COMMN Vs. PRITAM ROOJ & ORS.

 

 

CA Nos. 6459 of 2011 (@ SLP © No.9776 of 2010 : INST.OF CHARTERED ACCOUNTANTS OF INDIA )

 

CA Nos.6465-6468 of 2011 (@ SLP © Nos.30858-30861 of 2009: ASSAM PUBLIC SERVICE COMMISSION & ORS. Vs. HAMEN BHARALI & ORS)

 

 

Source:

http://causelists.nic.in/scnew/otues/sl.html

  • Like 1

Share this post


Link to post
Share on other sites
karira

As reported by IANS in newkerala.com on 11 August 2011:

http://www.newkerala.com/news/2011/worldnews-46667.html

 

Don't allow RTI misuse: Apex court

 

New Delhi, Aug 11 : The Supreme Court has said that while the right to information (RTI) is a formidable tool to fight corruption in governance, it "should not be allowed to be misused or abused" to obstruct national development.

 

 

"The (Right to Information) Act should not be allowed to be misused or abused, to become a tool to obstruct the national development and integration, or to destroy the peace, tranquility and harmony among its citizens. Nor should it be converted into a tool of oppression or intimidation of honest officials striving to do their duty," said the apex court bench of Justice R.V. Raveendran and Justice A.K. Patnaik in a judgment delivered earlier this week but made available Thursday.

 

The judgment that upheld the right of students to inspect and photocopy their answer sheets after their evaluation in examinations said: "The provisions of RTI Act should be enforced strictly and all efforts should be made to bring to light the necessary information...which relates to securing transparency and accountability in the working of public authorities and in discouraging corruption."

 

The court cautioned against the indiscriminate and impractical demands and directions under the RTI.

 

"Indiscriminate and impractical demands or directions under the RTI Act for disclosure of all and sundry information (unrelated to transparency and accountability in the functioning of public authorities and eradication of corruption) would be counter-productive as it will adversely affect the efficiency of the administration and result in the executive (government) getting bogged down with the non-productive work of collecting and furnishing information," the judgment said.

 

The judgment delivered Tuesday said: "The nation does not want a scenario where 75 percent of the staff of public authorities spends 75 percent of their time in collecting and furnishing information to applicants instead of discharging their regular duties."

 

"The threat of penalties under the RTI Act and the pressure of the authorities under the RTI Act should not lead to employees of public authorities prioritising information furnishing at the cost of their normal and regular duties," the court said.

Share this post


Link to post
Share on other sites
karira

As reported by PTI in governancenow.com on 12 August 2011:

http://governancenow.com/news/regular-story/citizens-have-right-invoke-rti-act-fighting-graft-sc

 

Citizens have right to invoke RTI Act for fighting graft: SC

 

The apex court said that the Act should not be misused for extracting impractical information in an indiscriminate manner

 

The Supreme Court has said citizens have a right to invoke the Right To Information Act to fight corruption and bring in transparency and accountability in the administration.

 

"The right to information is a cherished right. Information and right to information are intended to be formidable tools in the hands of responsible citizens to fight corruption and to bring in transparency and accountability.

 

"The provisions of RTI Act should be enforced strictly and all efforts should be made to bring to light the necessary information under clause(b)of section 4(1) of the Act which relates to securing transparency and accountability in the working of public authorities and in discouraging corruption," the apex court said.

 

A bench of justices R V Raveendran and A K Patnaik made the remarks while dismissing the Central Board of Secondary Education's (CBSE) plea that students have no right to examine their evaluated answer scripts.

 

The apex court however, said that the Act should not be misused for extracting impractical information in an indiscriminate manner.

Share this post


Link to post
Share on other sites
lissing perme

[quote name='jps50;18982

 

Cases covered by this judgement:

CA No. 6456 of 2011 [@ SLP © No.9755 of 2009 - WEST BENGAL BOARD OF SEC.EDUN.& ORS Vs. CHIEF INFOR.COMMR.W.B.INFORMN.COMMN.&ORS ]

 

 

CA Nos.6457-6458 of 2011 (@ SLP © Nos.11162-11163 of 2009: W.BENGAL BOARD OF SEC.EDUCATION & ORS. XVI Vs. STATE CHIEF INF.COMMR. WEST BENGAL&ORS. )

 

 

 

 

CA Nos. 6459 of 2011 (@ SLP © No.9776 of 2010 : INST.OF CHARTERED ACCOUNTANTS OF INDIA )

 

CA Nos.6465-6468 of 2011 (@ SLP © Nos.30858-30861 of 2009: ASSAM PUBLIC SERVICE COMMISSION & ORS. Vs. HAMEN BHARALI & ORS)

 

@JPS50!!

 

Sir' date=' if you have judgement copies of aforesaid cases of High Court and State/Central Information Commission Please uploaded.

 

Thank's in advance[/color']

Share this post


Link to post
Share on other sites
abhijain

Each judgements are already uploaded on RTI india. 5 judgement of mine already posted and uploaded by me. Seach abhijain and related thread you will find each judgement of HC jaipur and RIC jaipur in case of answersheet.

Share this post


Link to post
Share on other sites

  • Similar Content

    • momita
      By momita
      If a candidate seeks information under the provisions of the Right to Information Act, then payment has to be sought under the RTI Rules.
      The question before the Supreme Court was which Guidelines/Rules will govern the prescription of fee for copies of answer sheets and their inspection.
      The Court held that while the ICSI is governed by the Companies Secretaries Act, 1980 and the Examination Committee formed under the statute prescribes a certain fee, the RTI Rules also lay down a fee structure for procurement of answer sheets. The Court held,
      “In our opinion, the existence of these two avenues is not mutually exclusive and it is up to the candidate to choose either of the routes. Thus, if a candidate seeks information under the provisions of the Right to Information, then payment has to be sought under the Rules therein, however, if the information is sought under the Guidelines of the appellant, then the appellant is at liberty to charge the candidates as per its guidelines.”
      The decision was rendered by a Bench of Justices NV Ramana and S Abdul Nazeer, which made it clear that if there are other avenues to procure answer sheets, the applicant can choose which one to route her request through.
      The RTI Rules entitle a student to seek inspection and certified copies of their answer scripts. When this right is exercised, Rule 4 will govern the levy of the required charges. This Rule stipulates a fee of Rs. 2 for each page of the answer script. For inspection, no fee is prescribed for the first hour. For every subsequent hour of inspection, the fee is Rs. 5 per hour.
      The order came in an appeal filed by the Institute of Companies Secretaries of India (ICSI) against a decision of a Division Bench of the Delhi High Court.
      The respondent, Advocate Paras Jain, had sought from ICSI certified copies of answer sheets and their inspection under RTI. He was charged a fee for the same as per Guideline No. 3 notified by the Statutory Council of the ICSI. As per the ICSI Guidelines, the fee for the supply of certified copies was Rs. 500 per answer sheet, and the charge for inspection was Rs. 450 per answer book.
      Download the decision here.15222_2014_Order_11-Apr-2019.pdf
    • rohitab
      By rohitab
      I wanted to have copies of my answer book. Also I want to see the evaluated answer books of my friends. The CPIO has refused to give me the copies even though I had paid the amount.
       
      is he justified and can I appraoch CIC for this?

Announcements

×
×
  • Create New...

Important Information

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