Skip to content
Hindi News, हिंदी समाचार, Samachar, Breaking News, Latest Khabar – Pratirodh

Hindi News, हिंदी समाचार, Samachar, Breaking News, Latest Khabar – Pratirodh

Primary Menu Hindi News, हिंदी समाचार, Samachar, Breaking News, Latest Khabar – Pratirodh

Hindi News, हिंदी समाचार, Samachar, Breaking News, Latest Khabar – Pratirodh

  • Home
  • Newswires
  • Politics & Society
  • The New Feudals
  • World View
  • Arts And Aesthetics
  • For The Record
  • About Us
  • Featured

Disclose evaluated answer-sheets under RTI: SC

Aug 13, 2011 | Panini Anand
In a landmark judgment today, Supreme Court allowed the disclosure of the answer-sheets under Right to Information (RTI) Act to the examinee. The bench comprising Hon’ble Mr Justice R. V. Raveendran and Hon’ble Mr Justice A. K. Patnaik dismissed the petitions filed by different Public Authorities and affirmed the judgment of Hon’ble Calcutta High Court allowing he disclosure of answer-sheets.
The case was filed by Central Board of Secondary Education, West Bengal Board of Secondary Education, West Bengal Council for Higher Education, University of Calcutta, Institute of Chartered Accountants of India, West Bengal Central School Service Commission and Assam Public Service Commission challenging the common order and judgment dated 05/02/2009 passed by division bench of Hon’ble Calcutta High Court.
As the examinee was not being represented by any counsel in this case, Human Rights Law Network (HRLN) filed an intervention application on behalf of he applicants Mazdoor Kisaan Shakti Sangathan (MKSS) and Join Operation for Social Help (JOSH) on 30.04.2010. Mr Divya Jyoti Jaipuriar, Advocate from HRLN argued the case successfully for MKSS and JOSH.
On 14.08.2007 one Mr Pritam Rooz filed an application under Right to Information Act seeking for copies of his answer-sheets from Calcutta University. Calcutta University informed him that as per university policy, the same cannot be disclosed.
He then approached the Calcutta High Court. In a detailed order dated 28.03.2008, Hon’ble Mr Sanjib Banerjee allowed the petition filed by Pritam Rooz and directed University of Calcutta to disclose the answer-sheets. This order was challenged before the division bench of the Hon’ble Calcutta High Court by University of Calcutta.
CBSE also approached the division bench of the Hon’ble Calcutta High Court against another order of the single bench of the Calcutta High Court allowing disclosure of the answer-sheet. While dismissing the appeals filed by these institutions, the division bench of Calcutta High Court vide its common order and judgment dated 05.02.2009 affirmed the judgment of the single bench. Against the order dated 05.02.2009, these institutions approached the Supreme Court.
Subsequently, various other institutions conducting the examination like Institute of Chartered Accountants in India, Assam Public Service Commission, West Bengal Board of Secondary Education, West Bengal Council for Higher Education, West Bengal Central School Service Commission and Bihar Public Service Commission also joined in and opposed the disclosure of answer-sheets to the examiners.
It was contended by the Petitioners that the evaluated answer-sheets are not covered under the definition of the “information”. Second, they also contended that the evaluated answer-sheet is kept with the examination conducting institutions under fiduciary capacity. It was also contended by these institutions that if the disclosure is allowed, the entire system will collapse.
Hon’ble Supreme Court dismissed all these contentions. N the order delivered today, the bench clarified that the evaluated answer-sheet is covered under the definition of “information”. It also clarified that it is the duty of the Public Authority to allow maximum disclosure as envisaged by the RTI Act.
Dealing with the issue of “fiduciary relationship” the court has explained the fiduciary relationship in detail and held that the examination conducting bodies do not retain the evaluated answer-sheets under any fiduciary capacity. Hence, the court held that that the exemption under section 8 (1) (e) will not apply to the disclosure of answer-sheets.
The Court also dismissed he contention that the entire system will collapse once disclosure is allowed under RTI Act. As a matter of fact, it was argued on behalf of the MKSS and JOSH that some universities allow disclosure of answer-sheets under RTI Act and they do not face any difficulty in the process and their system have not “collapsed”.
As this judgment has dealt with various examination conducting bodies including the Public Service Commissions, Universities, CBSE and other boards, professional bodies like ICAI, this judgment will apply to every examination conducted by any agency in India.

Continue Reading

Next End corruption, defend land and democracy

More Stories

  • Featured

Yasin Malik Convicted In Terror Funding Case

39 mins ago Pratirodh Bureau
  • Featured

Calling Out Racism, In All Its Forms And Garbs

2 hours ago Shalini
  • Featured

Zelenskyy Opens Cannes Film Festival, Links War And Cinema

9 hours ago Pratirodh Bureau

Recent Posts

  • Yasin Malik Convicted In Terror Funding Case
  • Calling Out Racism, In All Its Forms And Garbs
  • Zelenskyy Opens Cannes Film Festival, Links War And Cinema
  • The Rocky Road To Social Media Independence
  • Pollution: Over 23.5 Lakh Premature Deaths In India In 2019
  • Rajiv Gandhi Assassination: SC Orders Release Of Convict
  • Not Allowed To Enter Chandigarh, Farmers Sit On Protest Near border
  • ‘Who Are You?’: SC Questions Locus Of Hindu NGO Office Bearer
  • Borne Becomes France’s Second Woman PM
  • India Rejects Pak’s ‘Farcical’ Resolution On J&K
  • ‘Ban On Wheat Exports Anti-Farmer Move’
  • Shivling Claim An Attempt To Create Communal Disharmony: AIMPLB
  • Farmers Turn To Millets To Fight Water Stress, Climate Change
  • BJP Works To Create Divide, Two Indias: Rahul
  • ‘Cryptos Can Lead To Dollarisation Of Economy’
  • Delhi Turns Into Hot Cauldron At 49 Degrees C
  • Ukraine Opens 1st War Crimes Trial Of Captured Russian Soldier
  • Nuking Pakistan Better Than Giving Power To Thieves: Imran Khan
  • Slain Kashmiri Pandit Cremated Amid Protests Against BJP
  • Climate Change Is Making Floods Worse Too

Search

Main Links

  • Home
  • Newswires
  • Politics & Society
  • The New Feudals
  • World View
  • Arts And Aesthetics
  • For The Record
  • About Us

Related Stroy

  • Featured

Yasin Malik Convicted In Terror Funding Case

39 mins ago Pratirodh Bureau
  • Featured

Calling Out Racism, In All Its Forms And Garbs

2 hours ago Shalini
  • Featured

Zelenskyy Opens Cannes Film Festival, Links War And Cinema

9 hours ago Pratirodh Bureau
  • Featured

The Rocky Road To Social Media Independence

9 hours ago Pratirodh Bureau
  • Featured

Pollution: Over 23.5 Lakh Premature Deaths In India In 2019

1 day ago Pratirodh Bureau

Recent Posts

  • Yasin Malik Convicted In Terror Funding Case
  • Calling Out Racism, In All Its Forms And Garbs
  • Zelenskyy Opens Cannes Film Festival, Links War And Cinema
  • The Rocky Road To Social Media Independence
  • Pollution: Over 23.5 Lakh Premature Deaths In India In 2019
Copyright © All rights reserved. | CoverNews by AF themes.