Marks of An examination

[ssmalan]

Sir, In an Examination held for the post of teacher, 25 candidates appeared. On the basis of marks obtained in exam, two candidates were appointed as teacher. Now one candidate out of 25 appeared candidates submitted an application under RTI Act to seek the list of candidates showing marks obtained by each candidate in exam. I am a PIO.Can I provide him the marks list of each candidate? As per RTI Act, is it mandatory to provide him the marks of other candidates also? Pse guide me. Regards

[karira]

Sponsorer

Yes, you can, since in this case the number of candidates is not very large.

If the number of candidates were very large, then you could have only provided the marks of the successful candidates and the cut off marks.

[RAVEENA_O]

As a PIO, you can deny information only if it falls under any of the exemptions under Sec-8. The marks obtained by a candidate is not hit by any of the exemptions. Hence it is required to be disclosed under RTI. However, in case the applicant seek evaluated answer sheet, you may disclose only applicant's own answer sheet.

Whenever, large number of candidates are involved, it is better to upload the soft copy of marks obtained by the entire candidates, in order of Roll Nos, on your website as is being done in CLAT etc.

[lissing perme]

As a PIO, you can deny information only if it falls under any of the exemptions under Sec-8. The marks obtained by a candidate is not hit by any of the exemptions. Hence it is required to be disclosed under RTI. However, in case the applicant seek evaluated answer sheet, you may disclose only applicant's own answer sheet.

Whenever, large number of candidates are involved, it is better to upload the soft copy of marks obtained by the entire candidates, in order of Roll Nos, on your website as is being done in CLAT etc.

What about evaluated answer sheet of successful candidates????

[sarbajit]

Sir, In an Examination held for the post of teacher, 25 candidates appeared. On the basis of marks obtained in exam, two candidates were appointed as teacher. Now one candidate out of 25 appeared candidates submitted an application under RTI Act to seek the list of candidates showing marks obtained by each candidate in exam. I am a PIO.Can I provide him the marks list of each candidate? As per RTI Act, is it mandatory to provide him the marks of other candidates also? Pse guide me. Regards

The position in law is as follows.

IF you are otherwise unable to find any reason to deny the information AND you intend to disclose the information THEN it is necessary u/s 11(1) to serve MANDATORY notice to ALL persons to whom the information "relates" seeking their objections, if any. It is also advisable to serve a notice on the concerned section head of your authority dealing with these exams BECAUSE your Public Authority is also a third party ie. 2(n). A typical objection raised by a third party (such as the 2 persons selected) is that disclosure would affect the competitive position of the 3rd party OR the entire examination process - ie. 8(1)(d). You are required to "keep in view" the objections raised by 3rd parties. You are not to disclose the information till such time as the 3rd party objectors have exhausted all their appeal remedies permitted under the RTI Act (there are prescribed time limits for these). Since section 11(1) proviso speaks of "any POSSIBLE harm or damage" to the interests of 3rd party - you would be well advised not to disclose the information unless there is CLEAR AND OVER-RIDING LARGER PUBLIC INTEREST or until some appellate body directs you to do so.