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Decision No. CIC /SG/C/2009/001618/6129
Complaint No. CIC/SG/C/2009/001618
Complainant : Mr. Dipak Das
C/o Nishikanta Das
Shalbagan, Agartala-799012
Respondent : Public Information Officer (APIO)
Controller of Examinations
Tripura University
Suryamaninagar-799130
Facts
arising from the Complaint:
Mr. Dipak Das, had filed a RTI application dated 06/11/2009 with the PIO, Tripura
University asking for certain information. He states that he received a reply from the PIO
which he did not find satisfactory. Subsequently, the Complainant filed a Complaint with the
Commission under Section 18 of the RTI Act.
The Commission has perused the documents submitted by the Complainant. It appears
that the Complainant is seeking copy of his Part (I) Examination Papers for the session of
2008-2009. A Full Bench decision of the Commission in CIC/WB/A/2006/00469 and 00394
and CIC/OK/A/2006/00266; 00058; 00066; 00315 dated 23/04/2007 held-
“In regard to public examinations conducted by institutions established by the
Constitution like UPSC or institutions established by any enactment by the
Parliament or Rules made thereunder like CBSE, Staff Selection Commission,
Universities., etc, the function of which is mainly to conduct examinations and
which have an established system as fool-proof as that can be, and which, by
their own rules or regulations prohibit disclosure of evaluated answer sheets
or where the disclosure of evaluated answer sheets would result in rendering
the system unworkable in practice and on the basis of the rationale followed by
the Supreme Court in the above two cases, we would like to put at rest the
matter of disclosure of answer sheets. We therefore decide that in such cases, a
citizen cannot seek disclosure of the evaluated answer sheets under the RTI
Act, 2005.” (emphasis added)In view of this decision, which has not been overruled by the High Court or Supreme
Court, the law as it stands is that Universities are not under an obligation to disclose copies of
evaluated answer sheets. The PIO is therefore under no obligation to disclose copy of the
answer sheet to the Complainant.
Decision:
The Complaint is dismissed.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this order will be provided free of cost as per section 7(6) of RTI, Act, 2005.
Shailesh Gandhi
Information Commissioner
30/12/2009
(For any further correspondence in this matter, please quote the file no. mentioned above)(SP)