Central Information Commission
CIC/AD/A/2009/000734
Dated August 11, 2009
Name of the Applicant : Shri G.V.Murali Krishna
Name of the Public Authority : BSNL, Hyderabad
Background
1. The Applicant filed an RTI application dt.15.7.08 with the CPIO, BSNL,
Kurnool. He requested for verification of his answer sheets of SDE
competitive examinations held on 15.7.07. The CPIO replied on
21.8.08 denying the information u/s8(1)(g). The Applicant filed an
appeal dt.18.9.08 with the Appellate Authority. The Appellate
Authority replied on 13.10.08. In his reply, he stated as follows:
i) Every year BSNL conducts various departmental / direct
recruitment examinations involving thousands of candidates. A
common procedure is being followed for conduction of all the
examinations based on the BSNL recruitment rules. It is pertinent to
mention that the examination process is executed entirely within the
organization. Departmental officers are nominated as paper setters as
well as examiners in addition to their normal duties.
ii) Most of the examinations are descriptive in nature giving scope
for variations in the allocation of marks. The disclosure of answer
sheets will result in challenging of such variations in the Hon’ble Court
of Law. Due to these reasons, officers are not willing to volunteer as
examiners. Since it is not possible to isolate the identity of the
examiner from the answer sheets, they are feeling insecure about their
life or career due to apprehensions of litigations raised in the
evaluation of answer sheets. Moreover, when the evaluated answer
sheets are challenged in courts, the entire recruitment process comes
to a halt until the decision is given by the court. This results in
deficiency of man power which subsequently hampers the
developmental activities of the organization. Aggrieved with this reply,
the Applicant filed a second appeal dt.Nil before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner,
scheduled the hearing for August 11, 2009.
3. Both the Appellant and the Respondent were not present during the
hearing.
Decision
4. The Commission holds that the decision with regard to verification of
answer sheets has to be taken by BSNL itself, this being an internal
matter and that the issue does not fall within the purview of the RTI
Act.
5. The appeal is accordingly rejected.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Asst. Registrar
Cc:
1. Shri G.V.Murali Krishna
HRMS No.199701939
JTO, CSC
BSNL Bhawan
Kurnool 518 050
2. Shri M.Sambasiva Rao
The ACPIO & AGM (Legal)
Bharat Sanchar Nigam Limited
O/o Chief General Manager, Telecom
AP Circle
Hyderabad 500 001
3. The Appellate Authority &
Chief General Manager
Bharat Sanchar Nigam Limited
O/o Chief General Manager
AP Circle
Nampally Station Road
Hyderabad 500 001
4. Officer incharge, NIC
5. Press E Group, CIC