Exam answer sheet is information under RTI: HC
TIMES NEWS NETWORK
Chennai:17.10.2019
An evaluated answer sheet is information as defined under the Right to Information (RTI) Act and so a university cannot deny access to students, more so because the information does not fall under the exempted category for national security or copyright infringement, the Madras high court held on Wednesday.
Dismissing a plea moved by the Tamil Nadu Dr Ambedkar Law University challenging the Tamil Nadu State Information Commission’s order allowing students to get copies of answer scripts through RTI, Justice S M Subramaniam directed the university to supply them to students who wanted them.
The judge also rejected the university’s contention that it is governed by its own rules and said that the RTI Act overrides university statute.
The issue pertains to an order passed by the information commission dated December 17, 2018, directing the university to supply copies of answer scripts sought under the RTI Act by a student, Pavan Kumar Gandhi. Challenging the order, the university submitted that it is ready and willing to furnish copies of answer scripts on payment of charges prescribed under university rules.
Rejecting the contention of the university, the judge citied a series of Supreme Court orders and said, when an answer-book is evaluated by an examiner appointed by the examining body, the evaluated answer-book becomes a record containing the ‘opinion’ of the examiner. Therefore, the evaluated answerbook is also `information’ under the RTI Act.
Thus, there is no option for the university but to supply the evaluated answer scripts to Gandhi under the RTI Act, the court said.
Noting that the university cannot demand that students obtain copies of the script only by paying a prescribed fee, Justice Subramaniam relied on a apex court order which said that “the existence of two avenues is not mutually exclusive and it is up to the candidate to choose either of the routes. Thus, if a candidate seeks information under the provisions of the RTI, then payment has to be sought under the RTI Rules only”.
However, if the information is sought under the guidelines of the university, then the institution is at liberty to charge the candidates as per its guidelines, it added.
Under the law university rules, a student has to pay ₹500 to the controller of examinations to obtain copy of an answer sheet. However, as per the RTI rules, the applicant has to pay only ₹10 to get a copy.
The judge rejected the Tamil Nadu Dr Ambedkar Law University contention that it is governed by its own rules and said that the RTI Act overrides university statute
TIMES NEWS NETWORK
Chennai:17.10.2019
An evaluated answer sheet is information as defined under the Right to Information (RTI) Act and so a university cannot deny access to students, more so because the information does not fall under the exempted category for national security or copyright infringement, the Madras high court held on Wednesday.
Dismissing a plea moved by the Tamil Nadu Dr Ambedkar Law University challenging the Tamil Nadu State Information Commission’s order allowing students to get copies of answer scripts through RTI, Justice S M Subramaniam directed the university to supply them to students who wanted them.
The judge also rejected the university’s contention that it is governed by its own rules and said that the RTI Act overrides university statute.
The issue pertains to an order passed by the information commission dated December 17, 2018, directing the university to supply copies of answer scripts sought under the RTI Act by a student, Pavan Kumar Gandhi. Challenging the order, the university submitted that it is ready and willing to furnish copies of answer scripts on payment of charges prescribed under university rules.
Rejecting the contention of the university, the judge citied a series of Supreme Court orders and said, when an answer-book is evaluated by an examiner appointed by the examining body, the evaluated answer-book becomes a record containing the ‘opinion’ of the examiner. Therefore, the evaluated answerbook is also `information’ under the RTI Act.
Thus, there is no option for the university but to supply the evaluated answer scripts to Gandhi under the RTI Act, the court said.
Noting that the university cannot demand that students obtain copies of the script only by paying a prescribed fee, Justice Subramaniam relied on a apex court order which said that “the existence of two avenues is not mutually exclusive and it is up to the candidate to choose either of the routes. Thus, if a candidate seeks information under the provisions of the RTI, then payment has to be sought under the RTI Rules only”.
However, if the information is sought under the guidelines of the university, then the institution is at liberty to charge the candidates as per its guidelines, it added.
Under the law university rules, a student has to pay ₹500 to the controller of examinations to obtain copy of an answer sheet. However, as per the RTI rules, the applicant has to pay only ₹10 to get a copy.
The judge rejected the Tamil Nadu Dr Ambedkar Law University contention that it is governed by its own rules and said that the RTI Act overrides university statute
No comments:
Post a Comment