CENTRAL INFORMATION COMMISSION
Appeal No.2707/ICPB/2008
F. No. PBA/2008/415
August 14, 2008
In the matter of Right to Information Act, 2005 - Section 19
[Hearing on 4.8.2008 at 5.00 p.m.]
Appellant: Mr.G.S. Ramkumar, Kerala
Public authority: All India Institute of Medical Sciences
Dr. A.K. Dinda, Sub-Dean(Exam) & PIO
Dr. K.K. Deepak, Prof. & First AA
Parties Present: For Respondent:
Dr. A.K. Dinda, PIO
Mr. V.D.Talwar, Office Supdt.
Mr. Raj Kumar, Asstt. (NS)
For Appellant:
None
FACTS
:
The appellant has sought information under RTI Act by his application
dated 16.7.2007 addressed to CPIO, All India Institute Medical Sciences
(“AIIMS”) requesting for the photostat of various question papers for various
entrance examinations and its answer keys. In the application he has requested
the information in respect of the following examinations:
(i) All India Post Graduate Medical Entrance Examination 2007
(ii) AIIMS – PG/Post Doctural courses – MD/MS only July 2007 session
(iii) AIIMS – PG/Post doctoral courses – MD/MS only Jan 2007 session
The PIO furnished reply vide letter dated 31.07.2007 by which he informed the
appellant the question paper and answer sheets are prepared and edited by
AIIMS and the product remains the intellectual property of AIIMS and he has also
stated these questions constituted part of question bank and likely to be used
again and therefore supply of question booklet would be against larger public
interest. And therefore, he has denied to provide this information by invoking the
provisions of sections 8(1)(d) & (e) of the RTI Act. While giving this information
the CPIO has also drawn attention to the decision rendered by this Commission
in Appeal No. 646 dated 2.7.2007. The appellant filed appeal vide letter dated
14.8.2007 and AA while giving decision on 22.8.2007 had agreed with the stand
taken by the CPIO.
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DECISION:
2. This case came up for hearing on 4.8.2008, which was attended by the
following from AIIMS:
Dr. A.K. Dinda, PIO
Mr. V.D.Talwar, Office Supdt.
Mr. Raj Kumar, Asstt. (NS)
The appellant did not attend the hearing. I have gone through the RTI
application and other replies received in this connection. The appellant is
requesting for a copy of the question papers for various entrance examinations
conducted by AIIMS along with Answer Keys. The Commission has dealt with
such cases earlier and the Commission has agreed with the stand taken by the
AIIMS in not providing this information. In the comments, the CPIO has brought
to the knowledge of the Commission of its earlier decisions in Appeal No. 840
dated 28.8.2007, Appeal No. 844 dated 28.8.2007 and Appeal No.845 dated
28.8.2007. The CPIO has also provided the particulars of first AA while giving
his decision. While disposing of such kind of appeals on earlier occasion the
Commission has held that AIIMS is taking all precautions in conducting
examinations in a most satisfactory manner and they have also evolved a
foolproof system and it has got several in-built checks and by disclosing such
information we will not be able to protect larger public interest. Keeping all these
points the Commission has agreed with the stand taken by the CPIO and AA in
not providing information in those cases. The same decision is applicable here
also. I, therefore, reiterate the same decision taken by the Commission in
respect of such appeals. Accordingly, the appeal is disposed of.
Let a copy of this decision be sent to the appellant and CPIO.
Sd/-
(Padma Balasubramanian)
Central Information Commissioner
Authenticated true copy :
(Prem Singh Sagar)
Under Secretary & Assistant Registrar
Address of parties :
1. Dr. A.K.Dinda, Sub-Dean (Exam) & PIO, All India Institute of Medical
Sciences, Ansari Nagar, New Delhi – 110 029.
2. Dr. K.K. Deepak, Professor of Physiology, Professor in Charge (Exams) &
First AA, All India Institute of Medical Sciences, Ansar Nagar, New Delhi –
110 029.
3. Mr. G.S. RamKumar, House No. 63, Mosque Lane, Kumarapuram, Medical
College, PO, Thiruvananthapuram (Kerala).
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