CIC permits disclosure of question-wise marks

[ganpat1956]

Students still can’t access their evaluated answer-sheets but they are getting close.

The Central Information Commission (CIC) has ordered the Central Board of Secondary Education to give a Delhi student, question-wise marks awarded to her in the Class X science and technology paper in 2005.
The CBSE – that has been strongly opposed to showing students their evaluated answer-sheets – had responded in this case that there were no provisions in the examination byelaws of the board to show the answer-script to candidates.

An internal appeal moved on behalf of the student, Aditi Gupta, against this response was also turned down; the CBSE took cover under an exemption clause in the Right to Information clause that bars information available to a person in his fiduciary relationship.

Incidentally, the CIC had first cited this exemption clause to turn down an RTI request in February. The order had been severely criticised by RTI activists including Magsaysay award-winner Arvind Kejriwal who argued that the commission had misinterpreted this provision. In subsequent cases, the commission, however, agreed to take a relook and refer this issue to a Full Bench of the Commission to take final call.

In a brief order this week, Information Commissioner Dr OP Kejariwal kept the request for inspection of the answer-sheet pending in view of the constitution of the Full Bench but ordered CBSE to "disclose the question-wise marks obtained" by Aditi Gupta in the Class X examination 2005 within a fortnight. The commission had earlier ruled in favour of letting students see the answer-keys, the document that guides evaluators on marks to be awarded for various parts of a question.

The CBSE has the option of moving the High Court against the CIC decision; the public examination body, Union Public Service Commission had approached the court in October, 2006 to stay operation of a CIC directive on disclosure of cut-off marks and individual marks of candidates who took the Civil Services examination. The court had granted the stay on the UPSC plea that disclosure of this information would undermine the entire examination procedure.

(Hindustan Times, New Delhi, Dec.23,2006)

[karira]

In a recent decision, CIC has allowed disclosure of question wise marks to a student of CBSE:

http://cic.gov.in/CIC-Orders/Decision_17032008_15.pdf

The case came today before this Bench wherein the Appellant asked for
disclosure of question-wise marks for different subjects in the Class XII
examinations held by CBSE. The Respondents stated that they were always ready
to disclose the subject-wise marks but disclosure of questions-wise marks would
put a great strain on their functioning. The Commission sees this as no reason for
not allowing disclosure of question wise marks to the Appellant.