Central Information Commission Judgements

Ms. Priyasha vs Central Board Of Secondary … on 26 October, 2009

Central Information Commission
Ms. Priyasha vs Central Board Of Secondary … on 26 October, 2009
                    CENTRAL INFORMATION COMMISSION
                     Club Building, Opposite Ber Sarai Market,
                       Old JNU Campus, New Delhi - 110067.
                               Tel: +91-11-26161796

                                                      Decision No.CIC/SG/A/2009/002096/5211
                                                            Appeal No. CIC/SG/A/2009/002096

Appellant                                   :       Ms. Priyasha,
                                                    C/o Dr. Nirmal Kumar,
                                                    Q. No. 1126, Sector-4C,
                                                    Bokaro Steel City,
                                                    Jharkhand-827004

Respondent                                  :       Public Information officer
                                                    Central Board of Secondary Education,
                                                    "Shiksha Kendra", 2 ,
                                                    Community Centre, Preet Vihar,
                                                    Delhi-110301

RTI application filed on                    :       16/06/2009
PIO replied                                 :       30/06/2009
First Appeal filed on                       :       08/07/2009
First Appellate Authority order             :       29/07/2009
Second Appeal Received on                   :       28/08/2009

Information sought:
Appellant requested for total marks obtained by her in examination/rechecking /re-evaluation/
supply of photocopies of Answer sheet.

PIO's Reply:
   1.    There is no provision for rechecking/ re-evaluation or supplying of photocopies
         answer sheets/answer books for inspection to the candidates.
   2.    PIO giving reference of CIC's decision mentioned that exempted CBSE from
         showing the answer sheet/answer books to the candidates.
   3.    PIO mentioned that the marks obtained by the Appellant in the said examinations
         were based on her performance in the examination.

Grounds for First Appeal:
No consideration of Appellant's Application by PIO.

Order of the First Appellate Authority:
FAA stated that the Appellant had sought the different information in her Appeal than that of her
earlier Application. Earlier information sought by the Appellant had been supplied by the PIO.
PIO was directed to take the necessary action on the application of the Appellant in accordance
with the provisions.

Grounds for Second Appeal:
   1. Total marks obtained by Appellant had not been mentioned in the reply given by PIO.
   2. No clear information on whether same no. had been fed to computer, what the Appellant
      got in his Answer Sheet.
     3. Appellant was asking for Answer Sheet.

Relevant Facts

emerging during Hearing:

The following were present:

Appellant: Dr. Nirmal Kumar on behalf of Ms. Priyasha
Respondent: Absent
The Appellant wants a photocopy of his answersheet. This is covered by a Full Bench Decision
of the Commission in Appeal Nos. CIC/WB/A/2006/00469; & 00394 on 23 April 2007 in which
it has been decided that Universities and Examining bodies of this nature need not provide
photocopies of the answersheets.

Decision:

The Appeal is disposed.

This decision is announced in open chamber.
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.

Shailesh Gandhi
Information Commissioner
26 October 2009
(In any correspondence on this decision, mention the complete decision number.)Rnj