In a
recent landmark judgement, the Supreme Court allowed disclosure of the
answer-sheets to the examinee, under Right to Information (RTI) Act.
The bench
comprising Hon’ble Mr Justice RV Raveendran and Hon’ble Mr Justice AK
Patnaik dismissed the petitions filed by different public authorities
and affirmed the judgement of Hon’ble Calcutta High Court allowing the
disclosure of answer-sheets. The case was filed by the 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 judgement dated 05/02/2009 passed by the division bench
of the Calcutta High Court.
Human Rights Law Network (HRLN) has filed an intervention application
on behalf of the 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 had filed an application under Right to Information Act seeking for copies of his answer-sheets from the Calcutta University. The varsity informed him that as per university policy, the same cannot be disclosed. Rooz then approached the Calcutta High Court. In a detailed order dated 28.03.2008, Hon’ble Justice Mr Sanjib Banerjee allowed the petition filed by Pritam Rooz and directed the University of Calcutta to disclose the answer-sheets.
On 14.08.2007, one Mr Pritam Rooz had filed an application under Right to Information Act seeking for copies of his answer-sheets from the Calcutta University. The varsity informed him that as per university policy, the same cannot be disclosed. Rooz then approached the Calcutta High Court. In a detailed order dated 28.03.2008, Hon’ble Justice Mr Sanjib Banerjee allowed the petition filed by Pritam Rooz and directed the University of Calcutta to disclose the answer-sheets.
The order was challenged before the division bench of the Hon’ble
Calcutta High Court by the University of Calcutta. The CBSE also
approached the division bench of the Calcutta High Court against another
order of the single bench of thesame court allowing disclosure of the
answer-sheet. While dismissing the appeals filed by these institutions,
the division bench of the Calcutta High Court vide its common order
and judgement dated 05.02.2009 affirmed the decision of the single
bench. Against the order dated 05.02.2009, these institutions
approached the Supreme Court. Subsequently, various other institutions
conducting examinations 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 word “information”.
Secondly, they argued 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.
However, Hon’ble Supreme Court dismissed all these contentions. 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 apex Court has
explained the same in detail and held that the examination conducting
bodies cannot retain the evaluated answer-sheets under any fiduciary
capacity. Hence, the Court held that the exemption under section 8(1)(e)
will not apply to the disclosure of answer-sheets.
The Court also dismissed the contention that the entire system will
collapse once disclosure is allowed under the 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 the RTI Act and
they do not face any difficulty in the process and their system has not
“collapsed”.
As this judgement has dealt with various examination conducting bodies
including the Public Service Commissions, universities, CBSE and other
boards, professional bodies like ICAI, the directive will apply to
every examination conducted by any institution in India.
