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Decision No. CIC /SG/A/2009/000407/2988
Appeal No. CIC/SG/A/2009/000407
Relevant Facts
emerging from the Appeal:
Appellant : Mr. G.P. Yadav
Executive Engineer, WCR/Jabalpur
RB-IV, 367/2, Railway Officer Colony,
Near Allahabad Bank, South Civil Lines,
Jabalpur - 482001 (MP).
Respondent : Dr. Indu Saxena
Dy. Registrar (Admn.) & PIO,
Indian Institute of Technology Bombay.
Powai, Mumbai - 400076
RTI Application filed on : 19/06/2008
PIO replied : 22/07/2008
First appeal filed on : 09/08/2008
First Appellate Authority order : 18/08/2008
Second Appeal filed on : 20/01/2009
Information Sought :-
The Appellant had sought information regarding Mr. Umesh Yadav, Roll no.1039286
appeared in Joint Entrance Examination 2008, held on 13/04/2008 through following
questions.
1. Marks obtained by the candidate subject wise.
2. Cut off level of marks individually for Physics, Chemistry, Mathematics for General
and OBC candidates separately (for IIT).
3. Total marks obtained by the last ranker in General and OBC categories separately (for
IIT).
4. Copy of Model answer sheet.
5. Copy of answer sheet of Shri Umesh Yadav (the particulars described above).
The PIO replied :
1 to 4. This information will be made available on the IIT website on 1st August 2008, as per
the decision of the joint Admission Board (JAB) for JEE 2008.
5. The requested information relates to personal information the disclosure of which may
lead to violation of Section 8(1)(j) of RTI Act, 2005, the same can not be provided. Also
please note that this information is not made available to individuals as per the policy of the
JEE system as approved by JAB. In case of litigation, the ORS sheet and the details of the
marks scored, will be available to the Hon’ble Presiding Judge.
The First Appellate Authority ordered.
“The answers to question Nos. 1,2,3, & 4 are already available on the website of IIT Bombay
i.e. www.iitb.ac.in, which may please be viewed.
Regarding information of question No. 5, it is stated that the information relates to the
personal information and disclosure of the same may lead to violation of Section 8(1)(j) of
the RTI Act, 2005. Hence, the same cannot be provided.”
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr. G.P. Yadav
Respondent : Dr. Indu Saxena PIO
The PIO and the First appellate have wrongly refused the information under Section 8 (1) (j),
since the answer sheet being sought was of the appellant’s son, who would have gladly given
his consent to giving the answer sheet. The PIO states that all the answer sheets have been
destroyed as per the weeding out rules for JEE-2008 passed on 24 August 2008. The said rule
states, ” It was proposed that all confidential materials relate to JEE-2008, except the soft
copies of the data of JEE-2008 and those which have entered litigation are to be disposed off
after December 01, 2008. The Board approved the proposal.”
Since the matter of this answer sheet was under litigation under RTI, it should not have been
destroyed. The PIO states that a mistake has been made inadvertently. The PIO will get a
certificate from the Chairman of JEE-2008 certifying that the answer sheet of Shri Umesh
Yadav has been destroyed in violation of the JEE- 2008 weeding out rules.
Decision:
The Appeal is allowed.
The PIO will send a certificate from the Chairman of JEE-2008 certifying that the answer
sheet of Shri Umesh Yadav has been destroyed in violation of the JEE- 2008 weeding out
rules to the appellant before 15 May 2009.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
29th April, 2009
(In any correspondence on this decision, mentioned the complete decision number.)