Central Information Commission
*****
No.CIC/OK/A/2008/00224
Dated: 31 July 2008
Name of the Appellant : Shri J.K. Jha
Room No. 536 (E)
Ministry of Railway, Railway Board
Rail Bhawan, New Delhi,
Name of the Public Authority : Central Board of Secondary Education
Background:
Shri J.K. Jha of New Delhi filed an RTI-application with the Public
Information Officer, Central Board of Secondary Education, New Delhi, on 27
August 2007, seeking question-wise marks obtained by Shri Gautam Gunjan in
English in Class XII CBSE Examination and a photocopy of the evaluated answer
sheet.
2. The PIO vide his letter dated 17 September 2007 replied to his RTI-
application. Not satisfied getting any satisfactory reply from the PIO, the
Appellant filed an appeal with the first Appellate Authority on 22 September
2007 and then approached the Central Information Commission with a Second
Appeal on 23 January 2008.
3. The Bench of Dr. O.P. Kejariwal, Information Commissioner, heard the
matter on 21 July 2008.
4. Shri Piush Kumar Sharma, Assistant Secretary & PIO, represented the
Respondents.
5. The Appellant, Shri Jitendra Kumar Jha, was present through audio
conference.
Decision:
6. The Commission heard both the parties in a case where the Appellant
wanted question-wise marks received by another candidate and also a
photocopy of the evaluated answer sheet.
7. The Commission ruled that while in view of the Full Bench decision, the
evaluated answer sheet may not be shown to the Appellant. As for disclosure of
question-wise marks, the commission noted that it had ruled in favour of
disclosure question wise marks to the examinee concerned. However, in this
particular case, it is noticed that the Appellant wants the question-wise marks
of another candidate. The Commission does not accept this submission.
Moreover, during the hearing, the Respondents brought to the notice of the
Commission that as per the standing guidelines obtaining in the Department, the
answer sheets of this particular examination had been destroyed. The
Commission directs the Respondents to provide a copy of the retention schedule
of such documents to the Applicant. This may be done by 14 August 2008.
8. The case is thus disposed of.
Sd/-
(O.P. Kejariwal)
Information Commissioner
Authenticated true copy:
Sd/-
(G. Subramanian)
Assistant Registrar
Cc:
1. Shri J.K. Jha, Room No. 536 (E), Ministry of Railway, Railway Board, Rail
Bhawan, New Delhi,
2. The Public Information Officer, Central Board of Secondary Education,
Regional Office, 35-B, Civil Station, M.G. Marg, Civil Lines, Allahabad
3. The Appellate Authority, Central Board of Secondary Education, Regional
Office, 35-B, Civil Station, M.G. Marg, Civil Lines, Allahabad
4. Officer Incharge, NIC
5. Press E Group, CIC