Central Information Commission
Mr.Mohammad Salim vs Ministry Of Railways on 6 August, 2012
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2012/001528
Heard through Video Conference
Date of Hearing : August 6, 2012
Date of Decision : August 6, 2012
Parties:
Applicant
Shri Mohammad Salim
Sr.ACCSS/PRTN
302, Punit Complex
Behind Mahabalipuram
Tandalja
Ola Padra Road
Vadodara.
Applicant was present.
Respondent(s)
Western Railway
Divisional Railway Manager's Office
Vadodara Division
Vadodara
Representative : Shri Rakesh Kumar, Sr.DPO
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2012/001528
August 6, 2012.
ORDER
Background
1. The RTI Application dated 26.9.11 was filed by the Applicant with the PIO, DRM Office, Western Railway, Vadodara Division seeking information related to the written test held on 3.9.11 for the post of Goods Guard, as follows:.
1) Question paper of the said exam.
2) Evaluation sheet of the applicant of the said exam
3) The Model Answer sheet of the said exam
4) Photocopy given to the paper setter and evaluator to set and evaluate the paper of the said exam.
The PIO replied on 19.10.11 providing information against point 1, 2 and 4 and also informing the Applicant that Model answer sheet is not available in the Personnel Department. The Applicant filed his first appeal on 11.11.11 seeking the copy of Model answer sheet once again. The Appellate Authority disposed off the appeal on 2.12.11 once again stating that the model answer sheet is not available. Being aggrieved with this reply the Appellant filed his second appeal before the Commission once again seeking the same information.
Decision
2. During the hearing the Respondent submitted that while question paper is set by an individual it is evaluated by another individual who also prepares the model answer paper. He stated that it is not obligatory for the evaluator to give the model answer sheet to the Public Authority under the rules, unless the Public Authority specifically requests for a copy of the answer paper. According to the Respondent, in the instant case, no attempt was made by the Public Authority to get a copy of the model answer paper from the evaluator . Hence the same is not available with the Public Authority .
The Appellant at this stage wanted the Public authority to prepare the model answer paper for him and provide it to him. The Commission however holds that there is no provision for creation of information under the RTI Act while in this connection, drawing the attention of the Appellant to Section 2(f) of the RTI Act, which states that the information should be such that it can be accessed by a Public Authority. and to Section 2(i) which states that 'right to information' means the right to information accessible under this Act which is held by or under the control of any public authority ....
3. Since the information is admittedly not available in the records of the Public Authority, no disclosure is required to be authorized.
4. The appeal is dismissed and the case directed to be closed.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G Subramanian) Deputy Registrar 1 Shri Mohammad Salim Sr.ACCSS/PRTN 302, Punit Complex Behind Mahabalipuram Tandalja Ola Padra Road Vadodara.
2. The Public Information Officer Western Railway Divisional Railway Manager's Office Rajkot Division Rajkot.
3. The Appellate Authority Western Railway Divisional Railway Manager's Office Rajkot Division Rajkot.
4. Officer in charge, NIC.