Can we ask for any other individuals marks from university under RTI Act

[Abhinav Bohare]

One of our members wants to gets details of some other persons marks in a university examinations etc..

Though most of his querries have been replied to , but generally I had a doubt that can we ask for any such personal marks details of any other person...

So am putting up the questions for general and expertized comments, wherein if possible , in case any member or guest have done any such thing where he got personal marks details of other person exmination..he/she may plz come up with the Method

I would also request Member-LINARDNI to keep a watch of this thread

Thanx

[linardni]

@ Abhinav
thanks for opening the thread. i hope it'll come to my help.

[kushal]

but generally I had a doubt that can we ask for any such personal marks details of any other person

The marks are kept by the examiner in the fiduciary capacity, and hence another person cannot get the information about the same, under Section 8 (1) (e) of the RTI Act.

Kindly see the clause here:
http://act.rtiindia.info/index.html?section_08.html

[Satish Gupta]

This is infringement of privacy of a third person. The university should not give out marks of a person without his/her consent. Section 8(10(e) would apply.

This is different from a case, where a university is admitting students based upon an entrance examination, there the university should disclose the name, and marks of the students admitted. This is necessary to avoid giving preference to certain students, because of bribery, family and political connections etc. In this case a student is believed to have given consent to disclosure of his marks, when he applied to the university for admission.

Steve Gupta

[linardni]

But if another person seeks information about the Major & Minor specialization subjects of MBA of an individual, would it not be disclosed following Section 8 (1) (e), RTI Act?

[Abhinav Bohare]

Thanks ...Kushal Sir and Satish

In fact Hope Linardni..for whom I initiated thsi thread would have got answers

Abhinav

[kdeva]

Yes, it can be sought because marks are awarded by the university. It doesn't fall in the ambit of Third Party Information. You please try

[kushal]

As and when answer papers are evaluated, the authority conducting the examination and the examiners evaluating the answer paper stand in fiduciary relationship to each other for the purpose of evaluated answer scrips. Hence in fiduciary relationship the disclosure of such information is exempted under section 8(i)(e). Further it is purely a personal information, the disclosure of which has no relation to any Public Interest or activity and this has been covered under section 8(1)(i) of the Act (Appeal No.ICPB/A-2/CIC/2006 dated 6th Feb 2006 Case of Ms. Treesa Irish Vs Keral Postal Circle)

See these relevant threads:

1. http://www.rtiindia.org/forum/rti-ne...ets-icwai.html
2. http://www.rtiindia.org/forum/4213-post2.html

[karira]

I tend to completely disagree.
It depends on whether it is a "public examination" or a "internal examination". Also, if it is a "large scale" examination (like CBSE, ICSE, UPSC) or a departmental examination.
The marks awarded by the university in an examination form part of the results. Once the results are announced, they come into the "public domain".
In fact, several universities put up the results, marks and grades obtained by students on the notice board. So where is the question of "fiduciary realtionship" ?
For example, results announced by various boards are put up on the internet. They are accessible to anyone as long as you know the roll number. The roll numbers are displayed on the notice board of every school and college. So, where is the secrecy ?
My personal experience is as follows:
My son studies in one of the premier institutes of this country. The institute has a semester system and awards grades for each course. The grades are based on the marks obtained (statistical distribution of the whole class marks divided into A, B, C, D and E grades based on various parameters). He had a suspicion that in one of the courses, a professor had unduly favoured another student. The notice board results only showed the grades but not the marks. Encouraged by me (he was very reluctant about it initially) he filed a RTI application with the Dean of Academics to get the marks of all the students in the course, the principle used for the statistical distribution and the methodology used for correlating marks with grades. The RTI application was answered to and it turned out that not only his suspicions were correct but there were other "manipulations" too.
Linardini, I recall some decisions of the CIC and some SCIC about this. Please give some time to trace these out for you.

[kushal]

I stand modified, as I meant 'Evaluated Answer Scrips', which seems out of context to 'marks'.

[Abhinav Bohare]

Friends

Linardni was the reason I initiated the thread and the basic answer that all of us are discussing far above that...Good enough....

But Let us understand one can't compair the result informations on the net etc with information ebing asked for particluarly panelizing an person. I think general inofrmation in net is different from RTI information....

All the results in the internet read "This is not the true result, technical error possible"

What we ask about a person to apprehend him with a plan in mind is perhapes the reason that Mr Kushal's remarks are more correct

[karira]

Originally Posted by Abhinav Bohare

Friends

Linardni was the reason I initiated the thread and the basic answer that all of us are discussing far above that...Good enough....

But Let us understand one can't compair the result informations on the net etc with information ebing asked for particluarly panelizing an person. I think general inofrmation in net is different from RTI information....

All the results in the internet read "This is not the true result, technical error possible"

What we ask about a person to apprehend him with a plan in mind is perhapes the reason that Mr Kushal's remarks are more correct

Abhinav,

The querry was:

One of our members wants to gets details of some other persons marks in a university examinations etc..

And my reply is based on that querry as well as comments made by others in this thread.

Nowhere have I said whether to trust the Internet or not.
Besides, apprehending a person or penalising someone does not come into the picture of my post at all.
If you or linardni could post your querry in clear manner, the answers or opinions you get will also be equally clear.

[linardni]

@ karira
yes, i got the right piece of advice. i should have framed the query in a better way for ease of understanding, however your reply directed me in the right track of interpretation. thanks.

[karira]

linardni and Abhinav,

I have 237 citations (I have read 49 of them completely) from CIC allowing disclosure of marks in examinations.

I have another 46 citations (I have read 32 of them completely) from diferent SIC's on the same subject AND supporting my contention.

If I post all of them here, Kushal will accuse me of occupying precious server space.

Besides, at 0055 Hrs, and after having spent the whole day in my continuous running battle with Officers of the Commercial Tax Department of AP, I am too tired to copy/paste 283 citations. Need to get some sleep, recover and recharge my batteries well enough, to continue my battle with above mentioned Officers, once again, starting sharp at 1030 AM tomorrow morning.

Please visit the websites of CIC and different SIC's and do a simple search for "university examination marks" or "examination marks".

Good Night !

[Abhinav Bohare]

Hi Karira

Kindly go through the original post by Linardni , and you would know why I initiated this thread....

Basically Linardni has a doubt (I am writing Doubt coz the information is yet to be leagally susbtaintiated ...and Law is above truth) on a servant who he says have got his examination passed through some unfair means and thn got the promotions etc also due to same etc etc ....

And the person whoes marks he wanted to ask through RTI has done it from private Management institute etc etc

So that is how me and Mr Kushal were replying in the above mode..

As the information he is asking has a different aim all to gather...

He is not just asking for information but he would use it for a personal and individual susbtaintiations....

He is doing a great job , by getting some one penalized or aprehend as he / she used unfair means to get marksheet and thn promotions etc.

That is how...I would like you to go through the other pasted post of Linardni and suggest him further as you are to experinced in figthing Battles every day ( your reply quote "to continue my battle with above mentioned Officers")...

Since Both of you are fighting battles I am sure you would be the right person to suggest Linardni...

And I am so impressed by looking in your regular battle against commercial tax officers etc too...

Great You have the Right to battle ...after all that is why RTI is

Good day

Lindrani Thread Paste: The reason why I initiated this thread..Do guide him for further battles pl

---

THREAD
Recruitment Procedure
Can I implement RTI Act to get information from a Management Institute about the major and minor specialization subjects in MBA of any student of a specific session?

[karira]

Abhinav,
Thank you.
When it comes to the RTI Act, I will help the Devil himself !
Karira

[Abhinav Bohare]

Good Luck Karira

[karira]

Probe manipulation of marksheet: Chief Secretary told
Monday August 13 2007 01:55 IST
BHUBANESWAR: Chief Minister Naveen Patnaik has asked Chief Secretary Ajit Kumar Tripathy to probe into the alleged manipulation of matric marksheet of School and Mass Education Minister Bishnu Charan Das's son.

The Chief Minister told a private television channel here on Saturday that he has already directed the Chief Secretary to enquire into the case of the Minister's son and other applications pending with the Board of Secendary Education for revision of marks.

Already under cloud for alleged manoeuvring of matric marksheet of his son Bijay Sankar Das, the cup of woes of the School and Mass Education Minister has further aggravated with the opposition Congress demanding his resigantion.

Addressing a media conference here, the Minister clarified that his son was surprised to notice the unusually higher marks awarded to him in some papers. Although he had not done well in Oriya language paper, he was awarded 89 marks.

The Minister said he advised his son to apply for revaluation of the answer paper and a revised marksheet. His son applied for rechecking of Oriya paper on June 1 and for revised marksheet on June 7.

On retabulation of marks, it came to the notice that his son has been awarded 89 in Oirya while he has scored 39. Similarly, has been given 10 marks more in Science paper-1 (50 instead of 40) and 20 marks more in geography (65 instead of 40).

While the Minister's son had secured 602 in the orginal marksheet, after retabulation it was revised to 478 marks. The difference is a cool 124 marks.

Claiming that this is the first time in the history of the BSE that a student has applied for downward revision of marks, the Minister regretted that a different colour is being given to the episode.

However, the Minister failed to provide a suitable reply when asked how his son's case was immediately disposed of by the BSE when more than 8000 applications for rechecking of marks are pending.

The Minister denied that divesting the additional charge of the BSE president from Debendra Mishra, director, Mass Education has any link with his son case.