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Decision No. CIC/SG/A/2010/000881/11854
Appeal No. CIC/SG/A/2010/000881
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Khagesh Chander Anuragi
C/o Sh. Mahesh Kesharwani,
Behind Ajmani Builders,
Razakheri Makroniya, Sagar Madhya
Pradesh.
Respondent : Prof. R. N. Yadav
Public Information Officer & Professor of Chemistry
Ministry of Human Resource Development
Dr. Harisingh Gour University,
Sagar, Madhya Pradesh.
RTI application filed on : 26/02/2010 PIO replied : 15/03/2010 First appeal filed on : 06/03/2010 First Appellate Authority order : Not mentioned. Second Appeal received on : 07/04/2010 Notice of hearing sent on : 07/03/2010 Hearing held on : 05/04/2011 Information Sought:
The Appellant wants photocopy and inspection of his answer sheet of M.Pharma, Ist Semester
examinations held in 2009.
Reply of the PIO:
The PIO has provided attested photocopy of the marks obtained by students in 2009 exams to the
Appellant.
First Appeal:
The PIO has not provided the information even after the lapse of the mandated period.
Order of the FAA:
Not mentioned.
Ground of the Second Appeal:
The PIO has not provided complete information. Moreover an inspection of the records has not been
given.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Absent;
Respondent: Prof. R. N. Yadav, Public Information Officer & Professor of Chemistry;
The Appellant has sought an attested photocopy of his answersheet. The Respondent admits
that there are only about 50 students in the Pharmacy exam. The PIO has not sought any exemption
under Section 8(1) to deny the information. The PIO states that there is no practice of giving
photocopy of the answersheets to the Students. The Right to Information is a fundamental right of
citizens and denial can only be justified on the basis of exemptions under Section-8(1) of the RTI Act.
The PIO also states that if the photocopy of the answersheet is given it would reveal the name of the
examiners. The Commission directs the PIO to blank out the signatures of examiners as per Section-10
of the RTI Act and provide an attested photocopy of the answersheet to the appellant.
Decision:
The Appeal is allowed.
The PIO is directed to provide an attested photocopy of the answersheet to the
Appellant before 20 April 2011.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
05 April 2011
(In any correspondence on this decision, mention the complete decision number.) (SM)