Central Information Commission
CIC/AD/A/09/00222
Dated April 13, 2009
Name of the Applicant : Mr.K.Srirama Krishna
Name of the Public Authority : BSNL, Hyderabad
Background
1. The Applicant filed a RTI application dt.11.7.08 with the CPIO, BSNL,
Hyderabad. He requested for copies of his evaluated answer sheets of LDCE
Group.B from JTO to SDE held on 15.7.07. The CPIO replied on 14.8.08
denying the information u/s 8(1)(g) stating that disclosure of evaluated
answer sheets would render the system of conducting examinations
unworkable in practice. Also, the disclosure will endanger the life or physical
safety of the persons associated with the examination process. Not satisfied
with the reply, the Applicant filed an appeal dt.8.9.08 with the Appellate
Authority reiterating his request for the information. The Appellate Authority
replied on 13.10.08 stating that
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 the reply of the Appellate Authority, the applicant filed a
second appeal dt.15.1.09 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for April 13, 2009.
3. Both the Appellant and the Respondent were absent during the hearing.
Decision
4. Taking recourse to the decision of the Commission dated 16.4.07 in appeal
nos.CIC/WB/A/2006/00469 and 00394, CIC/OK/A/2006/00266/00058/00066
&00315 Rakesh Kumar Singh & Ors vs. Lok Sabha Secretariat, the
Commission directs the CPIO to provide a certified copy of the answer sheet
as sought in the RTI application, after ensuring that the life of the examiner,
supervisor or any other person associated with the process of examination is
not endangered by severing all parts of the answer sheets which give away
the identity of such individuals. The information is to be provided within 15
working days of receipt of this Order.
5. The appeal is disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Asst. Registrar
Cc:
1. Mr.K.Srirama Krishna
Sub Divisional Engineer (Officiating)
O/o DE(O&I), Cell One
Bharat Sanchar Nigam Limited
1st Floor, Telephone Exchange
Ashok Nagar
Guntur 522 007
2. Mr.M.Diwakar
The ACPIO &
AGM (Legal)
Bharat Sanchar Nigam Limited
O/o Chief General Manager Telecom
A.P.Circle
Hyderabad 500 001
3. The Appellate Authority &
The Chief General Manager
Bharat Sanchar Nigam Limited
O/o Chief General Manager Telecom
A.P.Circle
Hyderabad 500 001
4. Officer in charge, NIC
5. Press E Group, CIC