Examinees have a right to access their evaluated answer-books under RTI, prioritizing transparency and public interest.

FACTS

The Appellant vide his RTI application sought information on 03 points, as under:-

1. Copies of answer sheet of Paper-iv Telecom Account, USOF and Taxation and paper-ii Service Rules.

2. Copies of model answer sheet (meant for evaluation purpose) of paper-iv and paper-iii.

3. Process of revaluation of paper – iv and paper-ii.

The CPIO vide letter dated 19.01.2019, on point No. 01 denied the information as per Supreme Court judgment pronounced in the matter of UPSC vs. Angesh Kumar and on points No. 02 and 03, no such information is available with the CPIO. Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal. The order of the FAA, if any, is not on the record of the Commission. Thereafter, the Appellant filed a Second Appeal before the Commission with a request to provide point-wise correct information.

HEARING: Facts emerging during the hearing:

The following were present: Appellant: Mr. Devinder Mahajan present through AC, Respondent : Mr. Shree Ram, Director (PA- Admn)/ CPIO, through AC.

In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, the hearing of the matter was scheduled through audio conference after giving prior notice to both the parties.

The Appellant at the outset submitted that the information sought regarding his own answer sheet should be provided to him as per the decision of the Hon’ble Supreme Court. In its reply, the Respondent reiterated the replies of the CPIO / FAA as also its written submission dated 13.05.2021. With regard to copy of his own answer sheet sought by the Appellant, the Commission in plethora of orders has decided that the answer sheets should be furnished to the Applicants in his own case and the same stand is taken by the Commission in the instant matter also.

The Commission at the outset observed that in denying the answer sheet to the Appellants, the Respondent has been citing a decision of the Apex Court, which is neither applicable nor relevant to the examination held by them. Perusal of the decision reveals that the scope of the Apex Court decision in Angesh Kumar’s ca se specifically deals with the Competitive exams. The Hon’ble Supreme Court in the matter of UPSC vs. Angesh Kumar & Ors in Civil Appeal No. (s) 6159- 6162 of 2013 decided on 20.02.2018 had observed that as following:

“ ........we are of the view that information sought with regard to marks in Civil Services Exam cannot be directed to be furnished mechanically. Situation of exams of other academic bodies may stand on different footing. Furnishing raw marks will cause problems as pleaded by the UPSC as quoted above which will not be in public interest . However, if a case is made out where the Court finds that public interest requires furnishing of information, the Court is certainly entitled to so require in a given fact situation. If rules or practice so require, certainly such rule or practice can be enforced. ”

The aforesaid decision of the Hon’ble Supreme Court is thus limited to the Competitive Exams which do not cover the Departmental Exams per-se held by the Public Authorities nor is applicable to situations where it is prima-facie made out that larger public interest is involved. Moreover, the Commission sees this as a serious case wherein multiple Second Appeals related to the said exam are being heard by the Commission on regular basis.

The Commission further observes that the issue to access his/ her own answer sheet by a candidate had been long settled by the Hon’ble Supreme Court in the matter of CBSE and Anr. v. Aditya Bandopadhyay and Ors. SLP (C) No. 7526/2009 decision dated 9 th August, 2011, wherein it was observed that every examinee will have the right to access his evaluated answer-books, by either inspecting them or taking certified copies thereof unless the same was exempted under Section 8 (1) (e) of the RTI Act, 2005. The