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2024 Supreme(Online)(CIC) 5176

CENTRAL INFORMATION COMMISSION
ANANDI RAMALINGAM, Commissioner
Shiva Singh – Appellant
Versus
Hemvati Nandan Bahuguna Garhwal University – Respondent
Complaint No. CIC/HNBGU/C/2023/656820 | Second Appeal No. CIC/HNBGU/A/2023/656819



RTI requests for answer sheet copies require prescribed fee payment; non-payment justifies denial and dismissal of appeal.

Headnote:First Paragraph: RTI Act governs requests for certified copies of answer sheets, requiring payment of prescribed fees. Complainant sought photocopy of mathematics answer sheet and re-evaluation procedure after BSc result declaration. Court found CPIO's response compliant, as appellant failed to pay additional fees despite directions. Second Paragraph: Issue framed as whether answer sheet provision and fee compliance met under RTI Act. Ratio: CPIO must provide copies upon fee receipt; absence of payment negates further action, no intervention warranted without proof. Last Paragraph: Complaint/Appeal dismissed.

Table of Content
1. rti request for answer sheet copy and re-evaluation procedure (Para 1 , 2 , 3 , 4)
2. hearing absence and respondent's fee non-payment claim (Para 5 , 6)
3. cpio compliant; complaint dismissed for fee non-submission (Para 7 , 8 , 9)

ORDER

1. The Complainant/Appellant filed an RTI application dated 15.08.2023 seeking information on the following points:

“I am Shiva Singh S/O Shivraj Singh is studied in KL DAV PG College, Roorkee affiliated with HNBGU (Roll No 20316140332, Aadhar No-3253433853740) university declared result of BSC 3rd Sem on 15/8/23

(i) I want a photocopy of answer sheet of real analysis (Mathematics)

(ii) What is the procedure of re-evaluation I have to re evaluate my copy (real analysis) pls tell me Fees.”

2. The CPIO replied vide letter dated 18.08.2023 and the same is reproduced as under:-

“There is no any provision for re-checking in the University. As answer book is personal information of student. So send your ID (i.e. college card/ Aadhar card, which can confirm that information are requested by you and also send fee of the photocopy of answer book (Rs. 72/- Per answer book) through bank draft/postal order in favour of Central Public Information Officer, HNBGU, Srinagar Garhwal. Then only the desired answer sheet may be provided to you.”

3. Dissatisfied with the response received from the CPIO, the Complainant/Appellant filed a First Appeal dated 29.11.2023. The FAA vide order dated 02.12.2023 held as under:

“CPIO (Post Examination) is directed to provide the photocopy of the answer sheet to the appellant within next 10 days, if the desired fee submitted by the appellant for this purpose. Otherwise the appellant can file a second appeal before CIC New Delhi, and in that case entire responsibility will belong to the concerned CPIO..”

4. Aggrieved with the FAA’s order, the Complainant/Appellant approached the Commission with the instant Complaint & second appeal dated Nil stating inter alia as under:

“I have duly completed the necessary requirements as per the guidelines provided by the concerned authorities. My valid ID proof and the required fees have been submitted along with my RTI application. However, despite me compliance, the photocopy of my answersheet has not been provided within the stipulated time frame…”

5. The Complainant/Appellant remained absent during the hearing and on behalf of the Respondent, Vijay Pal Singh, Assistant Registrar (Exam) & CPIO attended the hearing through video conference.

6. The Respondent submitted that a timely reply was provided to the instant RTI Application and prescribed fees was sought for the supply for photocopy of the required record, however, till date the Appellant has not submitted any proof of payment of such prescribed fees and therefore, no further action was taken in the matter.

7. The Commission, after adverting to the facts and circumstances of the case, and perusal of records, finds that the CPIO has replied to the instant RTI Application as per the provisions of the RTI Act. The grounds of the complaint and second appeal under reference appear to be misplaced as the Complainant/Appellant insists that he has paid the RTI fees, however, he is not making any contention regarding having paid the additional fees sought for the photocopy of documents.

8. Having observed as above and in the absence of the Complainant/Appellant to plead his case, the Commission finds no scope of intervention in the matter.

9. The Complaint/Appeal is dismissed accordingly.

Copy of the decision be provided free of cost to the parties.

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