Central Information Commission
Room No.296, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama
Place, New Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Appeal/Complaint: No. CIC/SG/A/2010/000669DS
Appellant /Complainant : Shri Amitava
Choudhary, Howrah
Public Authority : Central Board of
Secondary Education,
New Delhi ( Sh. M.L.
Chauhan, Asstt.
Secy., CPIO & Sh.
M.K.Arora, Dy.Secy.
through video
conferencing)
Date of Hearing : 19 /08/2010
Date of Decision : 19 /08/2010
Facts
:
1. Shri Amitava Choudhary vide his RTI application sought
information from the CPIO, Central Board of Secondary
Education, Allahabad pertaining to answer script of Soumik
Mitra Roll No. 5670335 from School No. 08495 and Centre No.
5429, RTI application dated 7.10.2009 enclosed herewith as
AnnexureA.
2. The CPIO vide his order dated 31.10.2009 provided
information to the appellant on Points 2 to 5. In respect of
point1, he stated that the Coordination Unit of the Board is
being requested to provide appropriate reply.
3. Not being satisfied, the appellant preferred appeal
before the FAA dated 17.11.2009
which was disposed of vide FAA order dated 25.11.2009 vide
which he upheld the order of the CPIO. FAA in his order also
referred to Central Information Commission’s decision No.
CIC/OK/A/2008/00832/SG/0677 adjunct dated 04.11.2009 (copy
enclosed) passed in Appeal No.CIC/OK/A/2008/00832 wherein it
is stated that “As per the Full Bench decision of the
Commission in Rakesh Kumar Singh & ors. V. PIO, Lok Sabha
Secretariat & Ors. CIC/WB/C/2006/00223 copies of answer sheet
need not be provided by certain public authorities including
CBSE. The basis for this decision is that huge numbers of
students take examinations conducted by the CBSE and therefore
disclosure of answer sheets would be practically very
difficult.”
4. Being aggrieved and not being satisfied the appellant
preferred appeal before the Commission.
5. The matter was heard today. Appellant was heard through
video conferencing. Respondents were present as above.
6. With reference to point1 of the RTI application,
respondent clarified that the CPIO, Allahabad had referred the
question to the Coordination Unit of the Board on 3.11.2009.
The appellant pointed out that they had received vague and
sketchy information from the Board vide their letter dated
18.11.2009/9.12.2009, clearly showing inordinate delay by the
CPIO, Allahabad in forwarding the question to the Board under
section 6(3) of the Act and also by the CPIO of the Board in
providing the information.
7. Respondents gave a detailed clarification on the Marking
Scheme prepared by subject experts, the Observation Schedule
which was prepared after taking into account in puts of stake
holders and the final Marking Scheme developed after
incorporating inputs after being considered by the expert
group. He further amplified that in order to ensure fairness
in the evaluation work this final marking scheme as adopted by
the expert group members of which are drawn from 6 regions
countrywide is provided to Head Examiners who further
explained the marking scheme to the Examiners immediately
after the examinations and before the exercise of evaluation
began in order to ensure adoption of uniform evaluation
criteria by the evaluaters.
Decision
8. The appellant stated that they desired to have copies of
these documents which may be supplied to them within 3 weeks
of the receipt of the order. In the matter of delay, CPIO,
Allahabad who was present in person at the hearing was given
opportunity to explain the reasons for delay. After hearing
him the Commission concludes that there was no malafide in
delay by him in forwarding point1 to holder of the
information and deemed CPIO in the Board. Penalty proceedings
are therefore not contemplated.
9. Under the powers vested in the Commission under section
25(5) of the Act, the CPIO, Allahabad and CPIO, CBSE, New
Delhi are directed to put in place a credible system under
which RTI applications are examined and disposed of in
conformity with the provisions of the RTI Act. This exercise
is to be completed within 2 weeks of receipt of the order.
(Smt. Deepak Sandhu)
Information Commissioner (DS)
Authenticated true copy:
(T. K. Mohapatra)
Under Secretary & Dy. Registrar
Copy to:
1. Shri Amitava Choudhary
2C, Geetanjali Apartment, Ram Charan
Seth Road, Ramrajtala,
Howrah711104 (WB)
2. Shri M.L. Chauhan
Asstt.Secretary, CPIO,
Central Board of Secondary Education
2, Community Centre,
Preet Vihar, Delhi110092.
3. The CPIO
Central Board of Secondary Education
Regional Office,
35B, Civil Station, M.G. Civil Lines
Allahabad211001
4. The Appellate Authority
Central Board of Secondary Education
Regional Office,
35B, Civil Station, M.G. Civil Lines
Allahabad211001