In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000180
Date of Hearing : March 7, 2011
Date of Decision : March 7, 2011
Parties:
Applicant
Shri Jitendra
S/o Shri Harnarayan
Village + post - Bichpadi
Gohana
Sonipat 131 310
The Applicant was present during the hearing.
Respondents
Ministry of Railways
IG(Admn.) & PIOIV
Railway Board
Rail Bhawan
New Delhi
Represented by : Shri Gopal Gupta, IG RPSF
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
As given in the decision
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000180
ORDER
Background
1. The Applicant filed an RTI application dt.5.7.10 with the PIO, Ministry of Railways seeking information
against 9 points with regard to the exam he had appeared in on the basis of the employment notice
No.2/2007 dt.15.9.07, including copy of his OMR sheet as also the question paper and the answer
key.. The PIO4 replied on 7.9.10 enclosing point wise information furnished by Shri Sanjay Kishore
DIG/Rectt & Trg who while providing the information also stated that the OMR sheet and the question
paper and answer keys are not available . Not satisfied with the reply, the Applicant filed an appeal
dt.17.9.10 with the Appellate Authority. Shri Ranjit Sinha, Appellate Authority replied on 5.10.10
enclosing the following information furnished by Dr.S.N.Pandey, Director/RPF
‘Pertaining to question No.2 and 3, the records asked for have been weeded out.
However, the computer result of written exam and original mark list of viva voce are
available in the office of IG/RPSF, Rail Bhawan, New Delhi. The applicant is again
welcome to inspect the same on any convenient date.’
Being aggrieved with the reply, the Applicant filed a second appeal dt.1.11.10 before CIC
Decision
2. The Commission received a rejoinder dt.3.3.11 from Shri Gopal gupta, IG/RPSF who stated that the
written examination was conducted on 20.4.08 and that the OMR sheets of the said written
examination have been weeded out as per procedure, one year after the panel was declared.
3. During the hearing, while the Appellant insisted on being provided with the OMR sheet the
Respondents maintained their stand that the OMR sheet cannot be provided since the same had
been weeded out as per rules, one year after the results were announced on 18.3.09 . The
Appellant according to the Respondent had sought the information more than an year after the panel
was declared. The Respondent also pointed out that answer sheets of candidates who are not
successful are actually destroyed even earlier, 3 months after the panel is declared. In the instant
case the Appellant was not successful in the exam and hence his OMR sheet was not retained even
for one year as done in the case of successful candidates.
4. The Commission noted that the information sought by the Appellant is no longer available with the
Public Authority since the OMR sheet has already been weeded out. Be that as it may, the
Commission would like to point out that as per Full Bench decision of the Commission in Complaint
No. CIC/WB/C2006/00223; Appeal Nos. CIC/WB/A/2006/00469; & 00394 dated 23.4.07 it was
decided that in regard to public examinations conducted by institutions established by the
Constitution 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 foolproof 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 a
citizen cannot seek disclosure of the evaluated answer sheets under the RTI Act, 2005. The PIO is
however directed to provide a copy of the schedule for preservation of records to the Appellant so as
to reach him by 7.4.11 .
5. The appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Jitendra
S/o Shri Harnarayan
Village + post – Bichpadi
Gohana
Sonipat 131 310
2. The Public Information Officer
Ministry of Railways
IG(Admn.) & PIOIV
Railway Board
Rail Bhawan
New Delhi
3. The Appellate Authority
Ministry of Railways
DG(RPF) & AAIV
Railway Board
Rail Bhawan
New Delhi
4. Officer Incharge, NIC