CENTRAL INFORMATION COMMISSION
Appeal No. CIC/WB/A/2009/000236 dated 27.2.2009
Right to Information Act 2005 - Section 19
Appellant - Shri Brajesh Kumar
Respondent - Union Public Service Commission (UPSC)
Decision announced: 5.5.2010
Facts
:
By an application of 18.7.08 Shri Brajesh Kumar Jha of Dr. Mukherjee
Nagar, Delhi applied to the Controller of Examinations, UPSC for revaluation of
his answer sheet for the Civil Services Main Examination held in Oct.-Nov., 2007,
as follows:
“I want re-evaluation of these three papers and question wise detail
of score in these papers (GS-II, Geography-II and Hindi Literature-
II) under the Right to Information Act.
I shall be grateful to you if you please arranged for the same. “
In his response of 5.8.08, CPIO Shri Prachish Khanna has informed Shri
Brajesh Kumar Jha as follows:
“It is intimated that as per practice followed by the Commission, re-
evaluation of answer books is not allowed. However, your answer
books of General Studies paper-II. Geography paper-II of the Civil
Services (Main) Examination, 2007 have been re-checked and
marks re-totaled with reference to the following points and no error
has been noticed: –
1. There is no totaling error.
2. There is no coding/ de-coding error.
3. All answer-books used are intact.
4. There is no error of any other kind.
It is further informed that your marks have been verified from the
result of Civil Services (Main) Examination, 2007 and there is no
mistake.
Regarding your request for question-wise details of marks in above
three papers, it is regretted that your request cannot be acceded to
as the same would tantamount to disclosure of answer sheets and
no public interest would be served thereby. This being a core area
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of functioning of Commission is covered under exemption from
disclosure under section 8 (1) (d) of the RTI Act, 2005.”
Upon this, Shri Jha has moved an appeal before Shri K. S. Bariar, Jt.
Secretary on 4.9.08 pleading as follows:
“The information provided is insufficient as score detail has not
been provided.”
By his order of 17.10.08 appellate authority Shri Bariar has ordered as
follows:
“With regard to appellant’s request in his RTI application to provide
him question wise score breakup of the General Studies paper-II,
Geography Paper-II and Literature of the Hindi language Paper-II of
the Civil Services (Main) Examination, 2007, I note that the reply
given by the CPIO, UPSC vide his above mentioned letter is just
and appropriate. It would be pertinent to mention here that the
Central Information Commission (CIC) in their decision dated
23.4.2007 in complaint no. CIC/WB/C/2006/0023 has also
maintained that ‘in regard to public examinations conducted by
institution establishing by the Constitution like UPSC or institutions
established by any enactment by the Parliament… the functions 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 … We, therefore, decide that in such cases, a citizen cannot
seek disclosure of the evaluated answer sheets under the RTI Act,
2005.
It has already been stated by the CPIO, UPSC in his reply that
disclosure of question wise marks tantamount to disclosure of
evaluated answer sheets. In view of the above, I do not see any
point o intercede to in the matter at the appellate stage.’
In his prayer before us in second appeal, Shri Brajesh Kumar Jha has
prayed as follows:
“My above appeal be allowed and the Public Information
Officer, UPSC be directed to supply the information
demanded. I may be given a personal hearing if needed. Since
the matter involves my career and thus my life and liberty.
The same be decided expeditiously.’
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He has based this prayer on the following contention:
“(a) Honourable CIC in its decision in Shiv Shambhu vs. UPSC
case No. CIC/MA/A/2006/00793 and further the honourable
Delhi High Court Single Bench and then the Division Bench
have already decided that the issue involves paramount
public interest.
(b) My request of information is only for breakup of question
wise marks. The answer sheet is not limited to the question
wise detail of marks but comprises of full-length answers
written with all knowledge, understanding and sanity. The
marks are just an evaluation of the same. The disclosure of
question wise marks in no way tantamount to disclosure of
answer sheets. Hence the decision of honourable CIC dated
23.4.2007 in CIC/WB/C/2006/0023 is not applicable in the
inherent case
(c) Honourable CIC and honourable Delhi High Court in Shiv
Shambhu vs. UPSC have already conquered that the marks
should be disclosed.”
The appeal was heard on 5.5.10. The following are present:
Respondents
Shri Naresh Kaushik, Adv.
Ms. Aditi Gupta, Adv.
Shri Prachish Khanna, D.S.
Shri D. B. Das, U.S.
Although appellant Sh. Brajesh Kumar had been informed by Notice dated
16.3.2010 regarding the hearing he has opted not to be present. Since the copy
of the initial application to the Controller of Examination, which was available on
CIC file, was illegible, a copy of the same was obtained from respondents. As will
be seen, this is the request of 18.7.08 which is not a request for information,
although purportedly made “under the Right to Information Act”, but only for
revaluation with disclosure of marks in certain papers consequent upon such
revaluation.
DECISION NOTICE
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The decisions of this Commission cited by appellant Shri Brajesh Kumar
Jha in his second appeal before us are concerned with disclosure of answer
sheets. Sec. 2(j) of the Act allows only for such access to information that is
“held by or under the control of any public authority”. Under the circumstances
the Act itself cannot induce a public authority to take action, only to disclose
action already taken. Under the circumstances a request for revaluation of
answer sheets and consequent marking of papers cannot be deemed a request
for information under the RTI Act. The manner in which this case has been dealt
after the initial application has caused it to veer in a direction away from the
original request, thus making it a request for disclosure of mark sheets. However,
this Commission can only deliberate on the request as it was made and to decide
on what extent it has been met. On this ground this appeal based as it is found to
have been a request for taking action, not for disclosure of information is,
therefore, without merit and is hereby dismissed.
Announced in the hearing. Notice of this decision be given free of cost to
the parties.
(Wajahat Habibullah)
Chief Information Commissioner
5.5.2010
Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges, prescribed under the Act, to the CPIO
of this Commission.
(Pankaj K.P. Shreyaskar)
Joint Registrar
5.5.2010
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