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  1. #25
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    C J Karira
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    Re: Answer script suit in high court


    As reported in zeenews.com on 20 February 2009
    Student cannot demand photocopy of answer script under RTI: HC

    Student cannot demand photocopy of answer script under RTI: HC

    Allahabad, Feb 20: In a significant judgement, the Allahabad High Court on Friday ruled that a student cannot ask for his or her examination answer scripts under the Right to Information Act.

    The order was passed by Justice Rakesh Tiwari while dismissing a writ petition filed by one Mahraj Khan, who had appeared for her high school examinations last year and secured 57 percent marks.

    The court was of the view that providing photocopies of Board examinations to a student "would open a way for the students for self-assessment".

    The petitioner had moved the court with the grievance that she had not been provided photocopy of answer scripts of her High School examinations despite having applied for the same on twenty seventh June last year.

    She had also claimed that information sought by her, vide another application dated 11.11.2008, regarding a number of subjects in which she had appeared were not provided by the Board which told her that her answer scripts had been weeded out.

    However, the Court observed "right of a person under the Right to Information Act cannot be protected beyond the provisions of law. The petitioner can only seek information or may be provided copies of the documents which are permissible to be provided under the law or have not been weeded out as in the present case".


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  2. #26
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    Re: Answer script suit in high court


    Hmm....Difference of opinion between two High Courts. Hopefully someone should take the matter to Supreme Court.

  3. #27
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    Re: Answer script suit in high court


    As reported by TNN in timesofindia.indiatimes.com on 21 February 2009:
    Board answer sheets cannot be provided under RTI: HC-Allahabad-Cities-The Times of India

    Board answer sheets cannot be provided under RTI: HC

    ALLAHABAD: The Allahabad High Court has held that the photocopy of the answer copies of the UP Board examinations cannot be provided under the Right to Information Act (RTI) as it would open a way for the students for self-assessment.

    The court said that the assessment of a candidate by an examiner was comparative and cannot be permitted to be open for self-assessment by the candidates.

    Dismissing a writ petition filed by Meraj Khan, Justice Rakesh Tiwari observed, "Admittedly, right of a person under RTI Act cannot be protected beyond the provisions of law. The petitioner can only seek information or may be provided the documents which are permissible to be provided under the law or have not been weeded out as in the present case."

    The petitioner claims to be a meritorious student and she had obtained 57 per cent marks in High School examination 2008. She had moved the application under RTI Act for providing photocopy of answer copies to her.

    The grievance of the petitioner was that she had not been provided photocopy of the answer copies of her High School examination as requested by her. She also requested to provide information on other subjects in which she had appeared.

    The state counsel submitted that the answer copies of the Board examinations were weeded out after six months of the declaration of the result. Since the petitioner had not applied for scrutiny within the prescribed time, her copies have been weeded out.

    The application dated November 11, 2008 appears to be bogus as the marks obtained by her were available to her marksheet, observed the court.

  4. #28
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    Re: Answer script suit in high court



    The application dated November 11, 2008 appears to be bogus as the marks obtained by her were available to her marksheet, observed the court.
    The court has absolutely no authority to determine the usefulness of the requested information or the rationale behind seeking information. It is supposed to pass its orders within the four corners of the law.
    The state counsel submitted that the answer copies of the Board examinations were weeded out after six months of the declaration of the result. Since the petitioner had not applied for scrutiny within the prescribed time, her copies have been weeded out.
    If the copies were destroyed before filing the RTI application, then the judgement seems to be reasonable. But in that case, this should not be generalized for other cases.

  5. #29
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    Re: Answer script suit in high court


    As reported by ENS in expressindia.com on 24 February 2009:
    Disclosing answersheets: Varsities pulled up - Express India

    Disclosing answersheets: Varsities pulled up

    Kolkata To formulate a uniform mechanism for dealing with the RTI queries on disclosing answersheets of students, the state Higher Education department has asked the universities to come clean over the procedure in this regard.

    The universities have been asked to submit the procedure they undertake to disclose answersheets within seven days to the secretary of Higher Education Department Secretary S C Tewari.

    After the recent decision of the Calcutta High Court asking universities to show answerscripts to students, the institutions are in a fix. After exams are over, examination department of universities is likely to be flooded with RTI queries.

    “There was a review of scripts before the judgment also but universities had there own mechanism to deal with this,” said Higher Education Minister Sudarshan Roy Chowdhury.

    The universities have been asked to examine the order and the Higher Education department will come up with a centralised response system to the RTI queries.

    The issue was discussed in a meeting attended by State IT minister Debesh Das and Vice-Chancellors of the state universities. Das also said in time of depression the universities should come up with courses to keep the students occupied after graduation. In coming years, the students will find it difficult to get jobs, he said.

    The minister also suggested that a central data base of all the universities should be maintained and the facilities of e-admission, e-assessment can be extended to the universities in collaboration with the state IT department.

  6. #30
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    Re: Answer script suit in high court


    In a very strange coincidence, IC OPK has directed CBSE to give photocopies of the answer sheets of CBSE exam to a candidate. The grounds were that the father of the candidate and the Principal of his School claimed that the boy was brilliant, had claered IIT-JEE, AIEEE, etc. and his results in CBSE were not consumerate with his academic brilliance.

    IC OPK allowed disclosure "in the interest of transparency and above all to keep the morale of a brilliant student high, so that the faith of brilliant students and general public may be strengthened in the education system of country."

    This is contrary to the full bench order of the CIC - also regarding photocopies of CBSE answer scripts and of other exams conducted by bodies which only conduct exams.

    However, it should be noted that the date of this order of IC OPK is 18 February 2009. Maybe he was influenced by the judgement of the Hon'ble Calcutta High Court in this matter on 05 February 2009.

    Full order is attached to this post.
    Attached Files Attached Files

  7. #31
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    Re: Answer script suit in high court


    As reported by Mita Mukherjee in telegraphindia.com on 03 March 2009:
    The Telegraph - Calcutta (Kolkata) | Metro | CU to climb Mt Answer Script

    CU to climb Mt Answer Script

    Calcutta University could, in 20 years, be perched precariously on a mountain of answer scripts nine times taller than Mt Everest.

    A recent high court order guaranteeing examinees access to their answer scripts for up to two decades under the Right to Information Act has given the university authorities a massive storage headache.

    The university handles around 25 lakh answer scripts a year but doesn’t archive any for more than six months.

    But the court’s verdict, read with the information act, means it now has to preserve every answer script for 20 years. That’s five crore answer scripts by the end of two decades.

    “We are ready to abide by the court order as well as the provisions of the information act. But is it possible for any institution to create infrastructure to store such a huge pile of answer scripts?” a university official wondered.

    The high court didn’t fix any deadline for students taking a look at their answer scripts but the information act specifies that examinees can apply for physical verification of their papers even 20 years after writing the test.

    The vice-chancellor of Calcutta University, Suranjan Das, said his office would request the court to “clarify” whether archiving answer scripts for 20 years was “mandatory” under the information act.

    “The process of showing answer scripts to students should not be a never-ending one. It could go on to affect academic and research activities,” he warned.

    The average answer script contains 14 sheets of around 0.1mm thickness each. If answer scripts of 1.4mm each — 14 multiplied by 0.1mm — are piled up over 20 years at the rate of 25 lakh annually, Calcutta University will be saddled with a heap that is 70km tall (See chart).

    “Just the thought of creating storage space for five crore answer scripts makes my head spin,” said an official of the university’s examination department.

    The university conducts a “review” of answer scripts once a year. “We need to know what we should do if a student wants to see a script after the review results are declared and seeks re-evaluation,” the vice-chancellor said.

    One of Das’s senior colleagues said the university might need to set up a separate department to archive answer scripts. “We will be able to dispose of the first lot only at the end of 20 years, but another 25 lakh will be added that year. It’s a burden that will never grow lighter. So, apart from creating infrastructure we will obviously need more funds and personnel.”

    The university has already allotted some space to the examination department in a four-storeyed building that is under construction on the campus of Viharilal College of Home Science in Hastings.

    The controller of examinations, Onkar Sadhan Adhikary, has been asked to compile a list of suggestions on how to archive answer scripts.

  8. #32
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    Re: Answer script suit in high court


    Newtons 3rd Law.
    The students suffered and now its time for the university.

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