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Thread: You can now see HSC, SSC answersheets

  1. #11
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    Re: You can now see HSC, SSC answersheets


    As reported by Ashutosh Shukla in dnaindia.com on 05 October 2009:
    To show or not to show is SSC board's dilemma - dnaindia.com

    To show or not to show is SSC board's dilemma

    Mumbai: Failing at the SSC exams was just the beginning of 17-year-old Hemant Kantaria's ordeal. Expecting 70% marks, Hemant and his family were shocked when the results showed him to have failed in four subjects.

    Hemant's world was turned upside down. Instead of seeking admission in college, he began doing the rounds of the office of the Maharashtra State Board of Secondary and Higher Secondary Education to find out if he had really failed to clear the exams. Hemant had appeared as a private student.

    The distraught family applied for verification. But the results were the same as before. The family then demanded to go through the answer sheets under the Right to Information (RTI) Act to find out where Hemant had erred. But two contradictory orders on the issue have added to Hemant's woes.

    While a three-year-old order of the state's chief information commissioner says answer sheets cannot be given to students for reasons of logistics, a recent one passed by Pune's information commissioner says it is the right of students to know where they have erred.
    The state board has challenged the latter order and filed a petition in the Bombay high court. Meanwhile, Kantaria's appeal with the state's chief information commissioner is also expected to come up for hearing this week.

    "There is no ground like 'logistical problem' in the RTI Act to deny information," said Hemant's uncle Sameer Kanparia. "In verification they just tally the marks again. My nephew has reappeared for the exams, but the period has been traumatic for him as he has lost confidence. He doesn't know if what he has done is right or wrong."

    Principals and parents support the Kantarias. "It is a student's right to know where he has gone wrong. It may create administrative difficulties but that cannot stop one from his rights," said Campion School principal Paul Machado.

    "How can one rectify his mistake when he feels what he did was right and he is not shown where he has gone wrong?" said Arundhati Chauhan of the Parent Teacher Association (PTA) United Forum. Jayant Jain of the Forum for Fairness in Education said, "It is a public document and you cannot deny that. The whole career of a student is dependent on that paper. He will be discouraged. The Union HRD minister is saying there will be no exams. But how will they justify grades without showing the answer sheets?"

    The board on its part believes its examiners rarely go wrong. "It is very rare for an examiner to go wrong. And a moderator's decision cannot be challenged," said Shridhar Salunkhe, who chairs the Mumbai divisional board. "It is up to the state government to decide whether to show the answer sheets or give photocopies to the students. A policy should be out after the assembly elections."

    At present, the board in Andhra Pradesh gives photocopies of the answer sheets to students while that in Gujarat has a policy of showing the sheets to them.


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    Re: You can now see HSC, SSC answersheets


    "At present, the board in Andhra Pradesh gives photocopies of the answer sheets to students while that in Gujarat has a policy of showing the sheets to them."

    Even Mumbai, Pune and Shivaji university shows answer sheets. None of these board and universities has mentioned any LOGISTICAL DIFFICULTIES.

    But Maharashtra SCIC believes that if allowed under RTI, it will create LOGISTICAL DIFFICULTIES to SSC Board and he want to deny the information on this illegal ground called LOGISTICAL DIFFICULTIES. He has already done that in April 2006. He want to do it again.

    So he has assume the role of Parliament, creating his own baseless and illegal exemption on top of exemption available under sec 8(1) and 9 without application of mind.

    Samir Kanparia

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    Re: You can now see HSC, SSC answersheets


    Hello Everybody,

    I have been waiting for order from Joshi. It appears that he is not willing to pass order. I am left with no other options but to take legal action against him in High court by filling writ.
    Thanks
    Last edited by ganpat1956; 05-11-09 at 10:42 PM. Reason: moderated

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    Severe Violation of RTI Act by Maharashtra SCIC Suresh Josh



    Dear Friends,

    I would like to bring to your notice severe violations of RTI Act by Maharashtra SCIC Suresh Joshi.

    We do hear about Mr. Suresh Joshi handling of appeals and complaints. We all are familiar with his poor understanding of RTI Act.

    Recently Mr. Joshi sent me letter (copy attached) for not able to pass an order against my complaint that I filled after PIO of SSC Board refused disclosure if Answer sheet.

    It was shocking to read the reply from Mr Joshi. In his letter, he created two fresh discretionary exemptions for denial of information on top of exemptions available under sec 8(1) and 9, though PIO did not mention any of these for denial of information. Mr Joshi advocated them for PIO.

    By creating new exemptions, he has assumed the role of Indian Parliament. It appears that he has more wisdom than collective wisdom of entire Parliament. It is clear from the letter that Mr. Joshi does not have basic knowledge of provisions of RTI Act. Mr. Joshi have failed to understand RTI Act that Act does not provide discretionary powers to Information Commissioners to invent their own exemptions. Information can be denied only on the grounds mentioned in sec 8(1) and 9.

    These two exemptions are brainchild of Mr Joshi. None of these exemption find its place in Sec 8(1) or sec. 9 in RTI Act.

    Secondly, he has also violated sec 19(5) which says that onus to justify denial of information is on PIO. And not on Information commissioners. PIO never mentioned this grounds while refusing the Information sought, It was Mr. Joshi who is justifying denial of information which violates sec. 19(5) of RTI Act. Does Mr. Joshi has unlimited , feelings/emotions based, discretionary powers to deny information or he is supposed to work under the legal framework of RTI Act? I am failed to understand.

    Mr Joshi Joshi has violated sec 8(1) , 9 and 19(5) of RTI Act.

    Please have look at copy my complaints that I made to Governor of Maharashtra against this violation and related documents.

    Please suggest me legal action that can be initiated against this violation by Mr. Joshi. I am willing to go to any length to procure justice.


    Thank You,

    Samir Kanparia
    Attached Files Attached Files

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    Re: You can now see HSC, SSC answersheets


    Samir,

    You are absolutely right that those orders of the Supreme Court and Bombay High Court have nothing to do with your seeking information.

    IC has clearly gone out of the ambit of the record on hand and the RTI Act.

    However, writing to the Governor will not bring you any relief.

    The only solution is a Writ in the High Court.
    Twitter: @cjkarira

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    Re: You can now see HSC, SSC answersheets


    As reported by Ranjan Das Gupta in dnaindia.com on 19 March 2010:
    Pune RTI chief spent a year on answer-sheet issue - dnaindia.com

    Pune RTI chief spent a year on answer-sheet issue


    Pune: Pune Region RTI commissioner Vijay Kuvalekar had taken nearly a year to study the case before ruling that students appearing for the SSC and HSC exams conducted by Maharashtra State Board of Secondary and Higher Secondary Education be provided with photocopies of the evaluated answer sheets.
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    </td></tr></tbody></table>
    <!-- lhs-col --> Kuvalekar, however, refused to comment on the board’s decision to legally challenge his ruling. “I have carried out my duty to the best of my ability,” he said.

    An official at the Regional Information Office, however, said Kuvalekar had studied data about students appearing for SSC and HSC exams and the pass and fail percentages. Information was gathered from all divisional offices of the board to see if students were unhappy with the evaluation. Citing section 8 of the Right to Information Act, 2005, Kuvalekar had said answer sheets could not be treated as confidential documents.

    Kuvalekar’s study came after a Std XII student Abhijeet Joshi, unhappy with his marks, asked authorities to show him photocopies of his answer sheets. When he was refused, Joshi filed an plea with the Pune bench of the State Information Commission.
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    Re: You can now see HSC, SSC answersheets


    As reported by Yogita Rao in dnaindia.com on 19 March 2010:
    Maharashtra state board firm on blocking student access to answer sheets - dnaindia.com

    Maharashtra state board firm on blocking student access to answer sheets

    Mumbai: Total transparency in the student evaluation process in state schools may take some time to take off. The Maharashtra State Board of Secondary and Higher Secondary Education has dug in its heels over not making answer sheets public despite a state information commission (SIC) ruling that they are not confidential documents.

    Officials from the board are planning to move Supreme Court to maintain the confidentiality of the evaluated answer sheets, citing technical difficulties.

    “We have decided not to show evaluated answer sheets to students. We are planning to move Supreme Court,’’ board secretary TN Supe said. “There are some technicalities involved, which we have to sort out,’’ he added.

    In a landmark judgment in July 2009, the SIC had maintained that evaluated answer sheets were not confidential and that these could be obtained by filing an RTI application. The ruling came on an appeal by HSC student Abhijeet Joshi before Pune information commissioner Vijay Kuvalekar.

    Following this ruling, the state board chairperson, Vijaysheela Sardesai, had told DNA that the board was planning to allow SSC/HSC students to have a look at their answer sheets. She had said that the plan would be made applicable from the academic year 2010-11 after receiving a report from a panel set up to examine the ruling.

    However, the Pune divisional board challenged Kuvalekar’s decision in the high court. The court ordered a stay on the decision and the matter is pending. The board decided to move the apex court after the Nagpur information commissioner passed a similar order recently.

    “The information commissioner’s ruling is against the service and discipline of the board. We trust our examiners who check the answer sheets. We are sure that the evaluators do justice to the answer scripts that they check,” a top official of the board, which is headquartered in Pune, said.

    A section of the board officials had earlier mulled showing copies of evaluated answer sheets to students, but it ran into practical problems.

    According to a former board official, the Maharashtra State Board Regulations states that the answer sheet is a confidential document. “It is like a contract signed between the student and examiner. If there are some discrepancies reported in the paper, the examiner, the moderator and the chief moderator will not remain confidential, which by law should be maintained,” said the official.

    The board sent a team to Gujarat and Andhra Pradesh, to study how the system — already in place in these states — works in order to work out a way to smoothen the process. While the team has submitted a report to the board, there has been no progress on the matter.
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    Re: You can now see HSC, SSC answersheets


    It appears that this board has not studied the RTI Act.

    as per sec 22 of RTI Act,

    "The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923, and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act"

    It is public mimicry of RTI Act by negligent board , when they says

    “It is like a contract signed between the student and examiner. If there are some discrepancies reported in the paper, the examiner, the moderator and the chief moderator will not remain confidential, which by law should be maintained,”

    RTI supersedes all act including Official Secrets Act, 1923 while Board says "It is like contract" when indeed there is no such contact. what a joke!!!! Which law is he referring?

    Secondly, In RTI Act, there is no exemption as "technical difficulties". To hide one's inefficiency can not be termed as technical difficulty.

    Why they want to keep answer sheets confidential? What are the motivations? Why cant student have access to answer sheet? Board will definitely block it if they are not sure of their own systems working or inefficiencies. Definitely inefficient would hide everything for known reasons.

    Pune university, Mumbai University, Shivaji University, Goa Board, Andhra Board, all allow access to answer sheet. None of these board mentioned "technical difficulty", but Board of progressive state i.e. Maharashtra has technical difficulties. I am sure they want to hide their inefficiencies beneath "technical difficulties"

    They want o ruin the career of innocent student to protect the rogue examiners. What kind if justice is this?

  9. #19
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    Re: You can now see HSC, SSC answersheets


    As reported by Prafulla Marpakwar in timesofindia.indiatimes.com on 03 April 2010:
    Now, Nagpur info boss puts state board in fix - Mumbai - City - The Times of India

    Now, Nagpur info boss puts state board in fix

    MUMBAI: The Maharashtra state board of secondary education is in a quandary following Nagpur information commissioner Vilas Patil’s order to provide answersheets to a student.

    Disposing of an application filed by the student, Patil accepted his plea that “answersheets are not confidential” and said that the boy’s contention to go through his own papers under the Right To Information Act was justified.

    Well over a year ago, Pune information commissioner Vijay Kuvalekar too had asked the state board to provide answersheets to a student, Abhijit Joshi. Then too, the board had strongly objected to the proposal, saying “it will set a bad precedent’’. The board had contended that answersheets were confidential and not covered under the provisions of the RTI Act.

    In his well-reasoned order, Kuvalekar, however, had rejected the board’s plea and allowed Joshi to inspect his answersheets. Kuvalekar observed: “The RTI Act is very clear on classified and confidential documents. Answersheets are not classified... as such, a student should have access to it.’’

    Significantly, after Kuvalekar passed the order, not only the Pune board, but all divisional boards across the state were flooded with applications under the RTI Act, demanding photo copies of their answersheets.

    The board then approached the Bombay high court, which stayed the information commissioner’s order. Now, while the board’s application is still pending before the high court, the Nagpur information commissioner’s fresh order has added to its woes.

    The board has now moved the Nagpur bench of the Bombay HC against the order passed by Patil. “The high court has not stayed the order passed by the information commissioner, but it has asked him to submit his contention on the board’s petition,’’ a senior education department official said on Friday.
    Twitter: @cjkarira

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