Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

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CENTRAL INFORMATION COMMISSION
Block IV, 5 th Floor, Old JNU Campus
New Delhi 110 067
Complaint No.CIC/WB/C2006/00223;
Appeal Nos.CIC/WB/A/2006/00469; & 00394;
Appeal Nos.CIC/OK/A/2006/00266/00058/00066/00315
D.D. 23.04.2007
Sri. Wajahat Habibullah, Chief Information Commissioner
Smt.Padma Balasubramaniam, Information Commissioner
Sri. M.M.Ansari, Information Commissioner
Sri. O.K.Kejariwal, Information Commissioner
Sri. A.N.Tiwari, Information Commissioner
Shri Rakesh Kumar Singh & Ors. ... Complainant/Appellants
Vs.
Shri Harish Chander, Asst.Director, Lok Sabha Secretariat,
Information Cell, Parliament House Annexe, New Delhi & Ors. ... Respondents
R.T.I. Act:
Whether answer scripts are exempt from disclosure under Section 8 of R.T.I. Act? – Yes
Application seeking copies of answer scripts from Institutions which conduct academic/competitive
examinations like UPSC, Staff Selection Commission, CBSE have been considered by Central
Information Commission (CIC) and held that institutions like UPSC, CBSE whose main function is to
conduct examination are exempt from furnishing copies of answer scripts.
Held:
In regard to public examinations conducted by institutions established by the institutions like UPSC
or institutions established by any enactment by the Parliament or Rules made thereunder like CBSE,
Staff Selection Commission, Universities etc., the function of which is mainly to conduct examinations
and which have an established system as fool-proof as that can be, and which, by their own rules or
regulations prohibit disclosure of evaluated answer sheets or where the disclosure of evaluated answer
sheets would result in rendering the system unworkable in practice and on the basis of the rationale
followed by the Supreme Court in the above two cases (Maharashtra State Board of Secondary and
Higher Education Vs. Paritosh Bhupeshkumar Sheth & Anr. (AIR 1984 SC 1543) & Fatehchand
Himmatlal Vs. State of Maharshtra (AIR 1977 SC 1825), we would like to put at rest the matter of
disclosure of answer sheets. We therefore decide that in such cases, a citizen cannot seek disclosure
of the evaluated answer sheets under the RTI Act, 2005.
Further held:
That insofar as the departmental examinations are concerned exemptions provided for under Section
8(1) of the Act are not applicable.
Further Held:
Union Public Service Commission
A reading of the above two judgements of the Hon’ble Supreme Court (Maharashtra State Board
of Secondary and Higher Education Vs. Paritosh Bhupeshkumar Sheth & Anr. (AIR 1984 SC 1543)