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Thread: Evaluated Answer scripts are not confidential: A landmark judgement

  1. Evaluated Answer scripts are not confidential: A landmark judgement

    BANGALORE: In a landmark decision, the Karnataka Information Commission (KIC) has ruled that evaluated answer scripts should be made available to anybody who wishes to see them and cannot be kept confidential for the benefit of the examiners.

    The commission has ordered the Karnataka Public Service Commission (KPSC) to make available the answerscripts free of cost to applicant E Ramamurthy, who sought copies of four answer scripts of the Gazetted Probationers Examinations, 1998.

    State chief information commissioner K K Misra and state information officer K A Thippeswamy have rejected the KPSC's plea, which said that answer scripts cannot be made public as they are exempted under Sec 8 (i) (e) and 8 (i) (j) of the RTI Act, 2005.

    It is clear that KPSC as the owner of the information (including the answer scripts and the marks awarded) is under no responsibility or obligation to keep it confidential in trust and for the benefit of the examiners. Opening up of the evaluation process including making the evaluated answer books available to anyone, who wishes to see them is very much necessary as a confidence building measure and reviving the faith of citizens in these august institutions.
    KIC observed.

    More importantly, it has rejected the Central Information Commission's decision under Section 8 (i) (j) saying that seeking evaluated answer papers either his/her own or others is purely personal and has no relationship to any public interest or activity. "This view does not appear correct to this commission.

    Although the applicant is not to be asked the purpose for seeking information, in the present case, providing the information would ensure the impartiality, objectivity, and fairness of the evaluation by examiners appointed by public services commissions whose purpose incidentally is of utmost concern to the people," it stated.

    Once evaluated answer scripts are made freely available the examiners who are entrusted with the task of evaluation would be more careful and objective in their assessment. Providing a copy of answer scripts does not mean that the candidate becomes entitled to revaluation...Making available copies of the answer scripts would only bring indirect pressure on the examiners to be fair and impartial
    the KIC has held.


  2. We had earlier quoted that the evaluated answer scripts cannot be disclosed as it comes under fiduciary relationship. The topic can be read here:

  3. If this is going to be the order of the day then exmination commitee may include this as a fee for seeing the copy of the answer sheet. Unless it is made serious it will alway lead to dispute as there is nothing like a right answer in subjective type questions.
    May be we moving towards the erra of Obejective type examination like SAT, GMAT, GRE, LSAT. As there is not subjective element in such examination.

  4. Thaks Kaushal and Maneesh
    I agree with Maneesh's view.
    I would like to say that RTI is working and people are getting their due rights at this point of time this is the happiest thing, since this Law is evolving it has its own complications and contradictions but sooner or later it will address common man's all issues.

  5. Evaluated Answer scripts are not confidential: A landmark judgement

    Hi all

    Here is the latest order from central information commission saying that evaluated answer sheets are not confidential.

    Attached Files Attached Files

  6. Re: Evaluated Answer scripts are not confidential: A landmark judgement

    I agree wiyh mr brijeshbhat. the law is still evolving and after the initial hiccups will settle down for the benifit of both the parties. however one thing is claer that evaluated answer books of the candidate is to be provided to him/her, if not of other candidates for the present.
    having objective type questions will further resolve the problem

  7. #7

    Re: Evaluated Answer scripts are not confidential: A landmark judgement

    can you provide the full details of this order and from where can i get this.

  8. Re: Evaluated Answer scripts are not confidential: A landmark judgement

    Charu, please go through the attachment to post #5 above.
    Defeat is not final when you fall down. It is final when you refuse to get up.

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