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Thread: RTI to let students view answer sheets

  1. RTI to let students view answer sheets

    Ahmedabad, May 11: THE Mahiti Adhikar Gujarat Pahel, an initiative of Janpath, will set up guidance centres in different parts of Gujarat on Saturday to help students studying in Class XII view their answer sheets under the Right to Information (RTI) Act.

    The results of Class XII (Science) will be declared on Saturday. Guidance centres will be started in Ahmedabad, Naroda, Dholka, Surat, Vadodara, Jamnagar, Bharuch, Surendranagar and Mehasana.

    Students can file RTI applications to get a copy of their answer sheets in 48 hours with the help of these guidance centres.

    The guidance centres will function for three days. Apart from guidance centres, a citizens’ orientation camp will also be organised in Ahmedabad.

    Talking to the media about these guidance centres, Harinesh Pandya of Janpath said, “A lot of procedure needs to be followed to get one’s answer sheet but if a student applies under Section 7 (1) of the RTI Act which says that the information needs to be provided within 48 hours if it concerns the life and liberty of the person, then the burden of the proof is on the PIO if he chooses to reject the application.”

    The Mahiti Adhikar Gujarat Pahel also revealed its data for the whole year which included the number and the kind of calls made on its helpline.

    While 12, 427 calls were made last year on the helpline, a majority of calls were made by people seeking information from the State Revenue Department.

    Fourteen percent calls on the helpline was made by government functionaries and 86 percent calls were made by the citizens.

    RTI to let students view answer sheets

    Last edited by ganpat1956; 12-05-07 at 03:45 PM.

  2. #2
    C J Karira
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    HC stay on SIC order, students contemplate legal recourse

    HC stay on SIC order, students contemplate legal recourse

    Ahmedabad, June 7: Justice R R Tripathi of Gujarat High Court has granted stay against the order passed by State Information Commission (SIC) directing Gujarat Secondary and Higher Secondary Education Board (GSHSEB) to provide certified copy of answer sheets within fifteen days if sought under RTI by the students. The SIC had passed the said order on June 4. Challenging the order, the board moved a petition in the High Court on June 6 which was taken up for hearing on June 7. Appearing for the board, additional advocate general Mihir Joshi and advocate Deepak Dave submitted that if implemented, the SIC order would lead to “administrative chaos.”

    They also pointed out an order passed by the Central Information Commission (CIC) which held that Central Board students cannot be provided answer sheets by the board. Advocate Joshi and advocate Dave contended that the state commission should have followed the CIC order.

    After the submissions, the court has admitted the petition and granted stay on the SIC order. While the Gujarat Secondary and Higher Secondary Education Board (GSHSEB) is heaving a sigh of relief, guardians of the 103 students who had sought the copies are gearing up for a legal battle.
    Soon after more than a hundred Std XII students, armed with the Right To Information Act’s life and liberty clause, demanded their respective answer-sheets, the SIC had asked the Board to furnish certified copies of the evaluated answer-sheets last Monday. The commission also asked the board to furnish a certified copy of the model key answers to all the 103 students.
    However, Board members argue that GSHSEB approached the court in view of the larger good. Board secretary R K Pathak says, “SIC’s decision would not have served the interest of public, rather it would have only caused significant difficulties for the Board. However, with the stay order, we’ll not have to furnish these copies.”
    Meanwhile, parents of the students will be meeting on Thursday to determine the next course of action. “The children are in very high spirit and want to fight it out more than us,” said Kamal Kadri, whose daughter Susan Kadri appeared for Std XII Science exams. “We’ll do our best to vacate the stay to get justice,” he added. Calling the order a temporary set back, Suresh Patel, whose daughter is also seeking certified copies, says, “We’s follow the legal course of action and fight it to the end. The students will wait for a permanent decision, ushering transparency and accountablity on part of the Board.” Students have also found support in Harinesh Pandya, a member of Mahiti Adhikar Gujarat Pahel, who had earlier argued the students’ case before the information commission. Talking to Newsline he says, “Being a public authority which runs on our money, the board must be accountable for its doings. I don’t see why they are shunning their responsibility to be transparent and accountable.

    HC stay on SIC order, students contemplate legal recourse

  3. #3
    C J Karira
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    Re: RTI to let students view answer sheets

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    AHMEDABAD: The Gujarat Secondary and Higher Secondary Education Board (GSHSEB) has filed a caveat regarding the HSC answer sheets issue.

    The vacation Bench had on May 7, issued a stay on a Gujarat Information Commission’s (GIC) order that directed the GSHSEB to provide certified copies of answer sheets to more than 100 students who had applied under Right to Information (RTI) Act.

    Deepak Dave, appearing on behalf of GSHSEB, moved a caveat stating that the court should give a hearing to the board before passing any order if an appeal was filed by any student.

    The board, during the hearing before Justice R R Tripathi, had contended that the process of photocopying 70 lakh answer sheets would throw the system out of gear. It also pointed out the huge administrative expenditure involved in the photocopying.

    The board had contended that the GIC order had failed to consider an apex court ruling of 1984 in the case of Maharashtra state board of secondary and higher secondary education versus Paritosh Sheth where the court had vehemently opposed the inspection of answer sheets.

    It was also pointed out that the SC in this case had also ruled that the process of inspection would hinder the aspect of ‘finality’ attached to declaration of public examination results.

    GSHSEB files caveat on RTI pleas-Ahmedabad-Cities-The Times of India

  4. #4

    Give answer copy to students: Information Commission

    Give answer copy to students: Information Commission, Bihar
    as reported in Economic Times, 21 Sep, 2008, PTI

    PATNA: Bihar's transparency watchdog has directed universities to provide photocopies of the examined papers to examinees, if they so desired.

    The State Information Commission recently passed an order on a petition filed by a student of B Com first year of L N Mithila University (LNMU), Murari Kumar Jha, who wanted to inspect his answer copy.

    The university, taking refuge under Section 8 (1) (e) of the Right to Information (RTI) Act, had rejected the student's plea on the ground of fiduciary relationship between the authority conducting the examination and the examiner.

    Fiduciary relationship refers to the special relationship of trust between persons in the eye of law such as between a doctor and a patient or a lawyer and a client.

    Rejecting the university's plea, Information Commissioner P N Narayan said "This Commission does not find any merit for allowing a claim of fiduciary relationship under Section 8(1)(e) of the RTI Act which would not come in the way of allowing the request of Murari Kumar Jha to inspect the examination copy.

    "Allowing of a fiduciary relationship between the University or the Commission and its examiner as the reason for not allowing the student or the candidate to scrutinise answer books puts them in a position in which they may suffer wrong without remedy," the Commission observed.

    The Registrars-cum-Principal Information Officers of universities have been asked to make available photocopies of answer sheets within a month of receipt of any such application by examinees, Commission Secretary S K Mishra said.

    The Commission's order said that RTI Act is a law intended to promote transparency in such a way that the interersts of, among others, students of the university and the candidate before a Public Service Commission were protected.

    The transparency watchdog noted that the university and the Commission had a much more stronger fiduciary obligations toward students or candidates instead of the examiners.

    While disposing of a similar case filed by an examinee Ashutosh Chand of Magadh University, the Commission, in a recent order, made it clear that the university could not arbitrarily fix fee for providing answer scripts.

    In his complaint, Chand had said that the university authorities had asked him to deposit Rs 1500 for securing a photocopy of his answer script.

    "The Commission is of the view that the power to determine the quantum of fee for getting photocopies of the answer sheets vests in the state government, which would decide the fee rationally," Mishra said, adding the panel had suggested to the university to submit a proposal to the government regarding the charges it intended to impose for approval.

    Give answer copy to students: Information Commission- Education-Services-News By Industry-News-The Economic Times


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