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  1. #1

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


    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


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


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

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


    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

  4. #4

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



    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

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


    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?
    Last edited by linardni; 12-08-07 at 09:40 AM.

  6. #6

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


    Thanks ...Kushal Sir and Satish

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

    Abhinav

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


    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

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


    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

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