Central Information Commission
CIC/AD/A/09/00201
Dated March 6, 2009
Name of the Applicant : Mr.K.Ramagopal
Name of the Public Authority : BSNL, Hyderabad
Background
1. The Applicant filed a RTI application dt.11.7.08 with the CPIO, BSNL,
Hyderabad. He requested for the following information:
i) Marks of LDCE TES Gr.B for Paper I & II (from JTO to SDE) held on
15.7.07
i) Xerox copies of answered sheets for Paper I & II of TES Gr.B – LDCE
The ACPIO replied on 14.8.08 stating that the disclosure of evaluated answer
sheets would render the system of conduct of examinations unworkable in
practice. Also, the disclosure will endanger the life or physical safety of the
persons associated with the examination process. He also added that the
information sought is regretted in accordance with the full bench decision of
the CIC and u/s 8(1)(g) of the Act. The applicant filed an appeal dt.20.9.08
with the Appellate Authority. The Appellate Authority replied on 10.11.08.
In his reply, he mentioned as follows:
i) Every year BSNL conducts various departmental / direct recruitment
examinations involving thousands of candidates. A common procedure is
being followed for conduction of all the examinations based on the BSNL
recruitment rules. It is pertinent to mention that the examination process is
executed entirely within the organization. Departmental officers are
nominated as paper setters as well as examiners in addition to their normal
duties.
ii) Most of the examinations are descriptive in nature giving scope for
variations in the allocation of marks. The disclosure of answer sheets will
result in challenging of such variations in the Hon’ble Court of Law. Due to
these reasons, officers are not willing to volunteer as examiners. Since it is
not possible to isolate the identity of the examiner from the answer sheets,
they are feeling insecure about their life or career due to apprehensions of
litigations raised in the evaluation of answer sheets. Moreover, when the
evaluated answer sheets are challenged in courts, the entire recruitment
process comes to a halt until the decision is given by the court. This results
in deficiency of man power which subsequently hampers the developmental
activities of the organization. Based on theabove facts, he upheld the decision
of the ACPIO. The applicant filed a second appeal dt.18.12.08 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for March 6, 2009.
3. The Respondents were absent at the hearing.
4. The Applicant’s representative Mr. K.V. Ramakrishna was present during the
hearing.
Decision
5. Taking recourse to decision of the Commission of 16.4.07 in appeal nos.
CIC/WB/A/2006/00469 and 00394, CIC/OK/A/2006/00266/00058/00066
&00315 Rakesh Kumar Singh & Ors vs. Lok Sabha Secretariat, the
Commission directs the CPIO to provide a certified copy of the Answer sheet,
while ensuring that the name and the identity of the examiner, supervisor or
any other person associated with the process of examination is in no way
disclosed so that their lives are not in any way endangered. The information
is to be provided within 15 working days of the receipt of this Order.
6. The appeal is disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(K.G.Nair)
Designated Officer
Cc:
1. Mr.K.Ramagopal
JTO-CellOne/BSNL
Flat No.303
Manas Apartments
Srinivasa Agraharam
Nellore
2. The ACPIO &
AGM (Legal)
Bharat Sanchar Nigam Limited
O/o Chief General Manager Telecom
A.P.Circle
Hyderabad 500 001
3. The Appellate Authority &
The Chief General Manager
Bharat Sanchar Nigam Limited
O/o Chief General Manager Telecom
A.P.Circle
Hyderabad 500 001
4. Officer in charge, NIC
5. Press E Group, CIC