Information in respect of Answer sheets

[sngupta]

I am placing here one refusal of PIO for providing information. I am seeking advise of forum and cases decided by CIC in support of views.

[karira]

sngupta,

It largely depends on whether it is a "departmental" type of exam or a "general" type (CBSE, ICSE, UPSC, etc) of exam.
Please read the following thread:

Answer Sheet Xerox

[karira]

sngupta,

On closer examination of the PIO's reply, I can see:
a) Delay of 9 days in reply
b) No details of the First AA have been given in the reply

There is a famous decision of CIC regarding answer sheets:

http://cic.gov.in/CIC-Orders/Decision_30042007_03.pdf

Also have a look at the following decisions of CIC (BSNL is respondent):

http://cic.gov.in/CIC-Orders/Decision_21022008_10.pdf
http://cic.gov.in/CIC-Orders/Decision_21092007_23.pdf

[taurus]

The settled position as far as CIC is concerned appears to be that for 'Departmental exams', there is no exemption from providing the copy of answer sheets. It has to be provided if the candidate himself asks for his own answer sheet. If he asks for someone else's answer sheet, then the third party's consent is to be taken before providing it. Seen in this light the denial in this case appears to be not correct, presuming that it is a 'departmental exam.'

[karira]

Originally Posted by taurus

The settled position as far as CIC is concerned appears to be that for 'Departmental exams', there is no exemption from providing the copy of answer sheets. It has to be provided if the candidate himself asks for his own answer sheet. If he asks for someone else's answer sheet, then the third party's consent is to be taken before providing it. Seen in this light the denial in this case appears to be not correct, presuming that it is a 'departmental exam.'

Generally this is correct.
However, a lot depends on the arguments put forward by the appellant.
In a recent case, CIC has asked a student who wanted to see his answer sheets, to give a complete brief on the case so that CIC can examine the issue at greater depth even though there is a Full Bench CIC decision on the matter:

http://cic.gov.in/CIC-Orders/Decision_17032008_06.pdf

The Commission heard both the sides and noted that the Appellant’s
request was basically for disclosure of answersheets of his son’s CBSE
examination. The Respondents had rightly denied the information taking
recourse to the Full Bench decision on the matter. However, after listening to
the Appellant, the Commission felt that the issue needed examination in greater
depth and directed the Appellant to submit a brief on the case. This may be
done by 10 April 2008, for the Commission to consider/reconsider the matter.

Let us wait and see what happens on 10 April 2008.

[taurus]

Some of the State Boards of education do give the xerox copy of the candidate's own answer sheet for a fee, which is not very negligible. We have to see what their experiences have shown - whether it will prove to be creating administrative chaos, because of the huge number or it will prove to be a boon to the deserving students, many of whose lives are decided based on these marks.