Central Information Commission
CIC/PB/C/2008/00558/AD
Dated November 26, 2008
Name of the Appellant : Mr. Ajit Kumar Barooth,
O/o. the Dist. Transport Office,
Rajabari jorhat,
Assam.
Name of Public Authority : The Public Information Officer -RTI
M/o. Health & Family Welfare,
Delhi National Board of Examination
Mahatma Gandhi Marg(Ring Road)
Ansari Nagar, New Delhi - 110029.
Background
1. The RTI request filed on 9.4.08. The Appellant requested for a Xerox
copy of his answer sheet for the FMGE screening test in which he appeared in
March 2008. The CPIO replied on 3.5.08 stating that there is no provision of
providing the answer script of FMGE screening test to the candidate in NBE
rules. The Appellant then approached the CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner,
scheduled the hearing for 26th November 2008.
3. Mr. Rakesh Gosain, (Advocate for NBE) represented the Public Authority.
4. Mr. Pronvdip Barooth was present on behalf of the Appellant at the
hearing.
Decision
5. The Appellant requested for a copy of his answer sheet since he was
convinced that he did very well the third time he appeared in the
screening test. He stated that he got his degree from Ukraine and
wished to know how many marks he got in the screening test the last
time he appeared for it since the only information he received was that
he had failed the test.
6. The Respondents submitted that many candidates who have obtain
degrees from Russia and CIS countries and who appear for the test
held by NBE to be registered with MCI are not qualified to be Doctors
since they get their degree from College/Institutes which fall below the
Indian Standards. He stated that FMGE screening test has multiple
choice questions and that the key lies with the NBE and that the
appellant will not gain anything from getting the answer sheet. The
Respondent also submitted that the answer sheet are evaluated by the
computer which scan them and then categorizes them into those
above 50% and below 50% marks. Verification is done by the experts
manually on a random basis. The screening test is required to be
undergone by the candidates is the same as that conducted by AIIMS
for candidates’ desirous of admission to post graduate courses in the
Institute. The Respondent further submitted the answer script contain
certain specific security/protection marks on it which, if shared with
the public, would lead to a compromise with the security and
confidentiality of the examination process since the question are
limited and have to be repeated, the subject being so specific. The
Respondent further stated that the answer sheets would not indicate
anything more than ‘passed’ or ‘failed’ on them and hence will not be
of use to the Appellant. The Respondent also pointed out that whereas
all other exam are undertaken to seek admission to a study offered by
the College or Institution, the FMGE examination is conducted by the
Board in Public Interest to screen the academic Competence of the
Doctor who is entrusted with the lives of prospective patients. The
Respondent also submitted that as per policy of the National Board of
Examination, the FMGE answer sheet are not re evaluated.
7. The Appellant, in reply to the Respondents arguments, stated that he is
aware that the answer sheet contains no marks on it.
8. The Commission noted that the (NBE) National Board of Examination,
has denied the answer sheet to the Appellant because of the Security
mark/coding on it. The Commission, therefore, directs the NBE to
provide a certified copy of the Appellant’s answer sheet to him, as
requested by him in his RTI application, after serving from it that part
which is exempt from disclosure (the security/protection marks) as per
section 10 (1) of the RTI Act.
9. The information to be provided to the Appellant within 15 days of
receipts of this Order.
10. The appeal is disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(K. G. Nair)
Designated Officer
Cc:
1. Mr. Ajit Kumar Barooth,
O/o. the Dist. Transport Office,
Rajabari jorhat,
Assam
2. The Public Information Officer -RTI
M/o. Health & Family Welfare,
Delhi National Board of Examination
Mahatma Gandhi Marg(Ring Road)
Ansari Nagar, New Delhi – 110029.
3. Officer in charge, NIC
4. Press E Group, CIC