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Thread: Answer script suit in high court

  1. #1
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    Answer script suit in high court


    As reported by the Legal Reporter in telegraphindia.com on 6 March 2008:
    The Telegraph - Calcutta (Kolkata) | Metro | Answer script suit in high court

    Answer script suit in high court

    Several students turned up at the high court on Wednesday to attend the hearing of a case filed by a Presidency College student, asking to see his answer script under the Right to Information Act.


    Pritam Rooz, the third-year mathematics honours student, had requested the Calcutta University authorities to show him his honours paper V answer script. He had appeared for the paper last year during B.Sc Part II.

    The university authorities had turned down the request. Rooz then moved the high court, stating that the university had violated the Right to Information Act by not allowing him to see his answer script.
    On Wednesday, Justice Indira Banerjee fixed the matter for hearing on March 7.
    Rooz had obtained 28 marks out of 100 in his honours paper V. He applied to the university authorities for review of his answer script. Four marks were added following the process.
    Not satisfied with the increase, Rooz had asked to see his answer script. The university authorities informed him that the norms did not permit handing over of the answer scripts to the examinees.
    Rooz then wrote to the university authorities that the Right to Information Act empowered him to see his answer script. But the authorities again turned down the request, stating that the university rules did not come under the purview of the act.
    “I want to know from the court whether students have the right to see their answer scripts. A student should have the right to know whether his answer script was properly evaluated or not,” said Pritam, who filed the case in the high court in January.
    Viewing of answer scripts is a long-standing demand of students. In 2003, at least 300 Higher Secondary examinees had moved a PIL in the high court, calling for photocopies of answer scripts to be supplied with results.
    “The court had turned down the plea but said the agencies that conduct examinations should make the result publication process more transparent. The students are now relying on the Right to Information Act,” said advocate Supradip Roy, who had appeared for the examinees.





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    Re: Answer script suit in high court


    As reported ENS on expressindia.com on 7 March 2008:
    Why is answerscript information, HC asks student’s counsel - Latest News - Friday , March 07, 2008 at 01:17:13

    Why is answerscript information, HC asks student’s counsel

    Kolkata, March 6 The Calcutta High Court today asked the counsel of Pritam Rooz, a student of Presidency College, to explain why Rooz’s answerscript should be treated as information. Rooz had filed a petition challenging the decision of Calcutta University not to hand over his answerscript on the ground that it should not be treated as information.

    The University had also pointed out that the script could not come under the purview of RTI Act, as the student was only too aware of what he had written in the examination.

    Rooz had secured 28 in his fifth mathematics paper in his BSc final exams. He had applied for re-evaluation after which the university informed him that his marks in that paper had gone up to 32.

    The student then applied for a copy of his answerscript under the RTI Act. But the university turned down his request.

    During the hearing, Calcutta University’s counsel Sombudha Chakraborty submitted before Justice Sanjib Banerjee that both the state and Central information commissions were of the view that a student should not be given a copy of the script.

    He said a student was fully aware of the contents of the script as the university always published the marks. If a student wants to know, the university could easily provide the marks against each question.

    Rooz’s counsel Satadal Chatterjee moved the plea that according to the RTI Act, any manuscript could be sought under its purview. So the answerscript should be treated as a manuscript as it was hand-written.

    But Justice Banerjee asked the counsel to explain why an answerscript should be treated as information as it was already known to Rooz.

    The judge also observed, “that which was not known, if somebody has no access to collect it, then it will be treated as information”.

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    Re: Answer script suit in high court



    Rooz’s counsel Satadal Chatterjee moved the plea that according to the RTI Act, any manuscript could be sought under its purview. So the answerscript should be treated as a manuscript as it was hand-written.
    How legally correct !!

    Sec 2(f):
    f)"information" means any material in any form, including records, documents, memos, e-mails,.................."

    Further, Sec 2(i):
    i)"record" includes— a)any document, manuscript and file;
    b)any microfilm, microfiche and facsimile copy of a document;
    c)any reproduction of image or images embodied in such microfilm (whether enlarged or not); and
    d)any other material produced by a computer or any other device;

    But Justice Banerjee asked the counsel to explain why an answerscript should be treated as information as it was already known to Rooz.
    The argument of the lawyer should be that NOWHERE does the RTI Act state that an applicant cannot ask for information already known to him.

    Will be interesting to know the result.

    In any case, as the article says, there are many CIC and SIC rulings on answer scripts.

  4. Re: Answer script suit in high court



    Sirs,

    In many cases , we are knowing the facts but the concerned department or section does not agree to that. Under such circumstances to know the details what they are (i.e. the Department or section) having in the concrned file so that the applicant can satisfy about the information that is kept in the files is containg all related documents and nothing is lost.

    In the case of examination answer scripts, if a student is claiming he should get more marks, and the department say it is not. In such case one thing could have been happened that some of his answer sheets are missed or some mischief might have been happened with his answer sheets.

    As I remember one Xth class examination result of my town in Andhra pradesh (around 14 years back), one girl failed in a subject, where as she was claiming that she answered all questions with correct answers.

    The parents of the girls took the issue very seriously and strongly fought with the Board, finally board took a decision to re-conduct that paper for single girl and then the girl stood with distinction.

    If such things happen, the students will be loosing their life. We should appreciate the students who are fighting for justice and asking for xerox certified copies to know whether all the answer scripts they wrote in exam are evaluated or not. It is a genuine demand from the student.

    When CIC gave a decision to disclouse the answer sheets of departmental examination, then why not the Board examination papers?

    Let us wait and hope the best.

    rakatkam.

  5. Re: Answer script suit in high court


    This is a very strange argument by university, and the justices, that since the student already knows the answer, it is not "information" or is not subject to RTI!!

    How the answer was treated by the examiner, whether the answer sheet is still there, are matters of utmost concern to the student.

    I do not understand the rationale the university is giving for withholding the answer sheet.

    In USA, the universities freely provide the answer sheet, after they are graded by the examiners. It does not seem to have hurt them in any way.

    In California, once a student appears for Bar Examination, to get an attorney's license, the answer sheets are available for inspection by the student, if the student fails the examination. This examination is conducted by an agency of government.

    I hope similar transparency will be the order of the day, in India, in near future.

  6. Re: Answer script suit in high court


    Satish gupta Sir,

    Thank you very much for providing the information on examination answer sheet at USA.

    After the decision of the Court of law in this case, the matter will be clear and hope examination answer sheets will be open to students.

    rakatkam.

  7. #7

    Right won to scan script


    Right won to scan script
    As Reported by Pritam Ruz (LEGAL REPORTER) in the Telegraph

    An examinee is entitled to see his evaluated answer scripts under the Right to Information (RTI) Act, Calcutta High Court ruled on Friday.

    Justice Sanjib Banerjee, while delivering the order, directed Calcutta University to show the script of mathematics paper V (B.Sc) to Pritam Ruz, who had appeared in the graduation Part II exams from Presidency College last year.

    “Students are under great stress while writing the test. At times, they don’t even realise what they are writing. So, they must have the right to know whether they had made any mistakes,” Justice Banerjee observed. “The RTI Act, based on Article 19 of the Constitution, empowers citizens to know facts.”

    Pritam had scored 28 in mathematics paper V. He sought a review, after which the marks increased to 32. But the revised marks did not please him either, and he pleaded with the university to show him the script.

    The authorities turned down his plea, prompting Pritam to move court on March 4. He claimed that the RTI Act bestowed on him the right to know whether his scripts were properly evaluated or not.

    Pritam’s lawyer, Satadal Chattopadhya, argued that the university’s decision went against the act and hence, was unconstitutional.

    Appearing for the university, Sambuddha Chakraborty said the institute’s regulations should not be challenged in court. Pritam, now an M.Sc student, said: “The ruling will benefit many students.”

    A related News Item also appeared in the Times Of India here.

  8. #8

    Re: Answer script suit in high court


    hi,thanx a lot for the legal information ,because most of them doesnt know regarding that

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