Central Information Commission
CIC/AD/C/09/00124
Dated April 13, 2009
Name of the Applicant : Ms.T.N.Mollykutty
Name of the Public Authority : Dept. of Post, Trivandrum
Background
1. The Applicant filed an RTI application dt.18.12.07 with the CPIO, DoP,
Thiruvananthapuram. She requested for photocopy of her evaluated answer
sheet of Paper II (Arithmetic) in the departmental examination of L.G.officials
for promotion to the cadre of Postal Assistants held in Idukki division on
23.5.04. The CPIO replied on 22.1.08 stating that applicant has preferred a
request mentioning decision No.1157/IC(A)/2007 F.No.CIC/MA/A/2007/00344
to supply copies of evaluated answer sheets. He added that as the request
made by the very same applicant for supply of the very same document
earlier was rejected by both the CPIO, FAA and by CIC vide Decision
No.246/ICPB/2006 F.No.PBA/06/261 dt.28.12.06 and since the earlier ruling
of the CIC in the same matter cannot be over ruled the document requested
cannot be supplied. Not satisfied with the reply, the Applicant filed an appeal
dt.26.2.08 with the First Appellate Authority stating that a full bench decision
of CIC has decided as under:
‘If a written examination is held for the purpose of selection or promotion, the
concerned candidate may ask for a copy of the evaluated answer sheet from
the authority conducting such test/examination’
The Appellate Authority replied on 13.3.08 stating that the decision taken by
the CIC on the same request earlier still holds good and rejected the appeal.
The applicant filed a second appeal dt.9.6.08 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for April 13, 2009.
3. Both the Appellant and the Respondent were absent during the hearing.
Decision
4. Taking recourse to the decision of the Commission dated 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
as sought in the RTI application, after ensuring that the life of the examiner,
supervisor or any other person associated with the process of examination is
not endangered by severing all parts of the answer sheets which give away
the identity of such individuals. The information is to be provided within 15
working days of receipt of this Order.
5. The CPIO is also directed to provide, in future, copies of evaluated answer
sheets of competitive/promotional exams to RTI applicants seeking such
information after severing as explained above (under Section 10(1)) that part
of the information which is exempt from disclosure (as explained in para no.
4) .
6. The appeal is disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Asst. Registrar
Cc:
1. Mrs.T.N.Mollykutty
Postman
Kattappana South
2. Ms.Mervin Alexander
The CPIO &
Director Postal Services (HQ)
Department of Post
O/o Chief Post Master General
Kerala Circle
Trivandrum 695 033
3. Mr.Uday Balakrishnan
The Appellate Authority &
Chief Post Master General
Department of Post
O/o Chief Post Master General
Kerala Circle
Trivandrum 695 033
4. Officer in charge, NIC
5. Press E Group, CIC