Central Information Commission
Smt.T Madhavi vs Ministry Of Communications And ... on 6 September, 2011
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/LS/A/2011/000644
Appellant : Smt T Madhvi
Respondent : Department of Posts, Tenali
Date of Hearing : 6.9.2011
Date of Decision : 6.9.2011
FACTS :
The matter is called for hearing today dated 6.9.2011. The parties have not appeared before the Commission. Hence, it is being disposed of on the basis of material on record.
2. The matter, in short, is that the appellant had appeared in Postman examination held in February, 2010. She had requested for evaluated answer scripts for Paper-A, Paper-B & Paper-C. This information was, however, denied to her both by the CPIO and AA in their respective orders u/s 8 (1) (j) of the RTI Act.
3. Suffice it to say that a similar case came up before the Supreme Court of India in Civil Appeal No 6454 of 2001 (Central Board of Secondary Education & Anr Vs Aditya Bandopadhyay & Ors) and the said court vide order dated 9.8.2011 has ordered disclosure of this information. Para 27 of the order is extracted above :-
"27. We, therefore, hold that an examining body does not hold the evaluated answer-books in a fiduciary relationship. Not being information available to an examining body in its fiduciary relationship, the exemption under section 18 (1) (e) is not available to the examining bodies with reference to evaluated answer-books. As no other exemption under section 8 is available in respect of evaluated answer books, the examining bodies will have to permit inspection sought by the examinees."
4. In view of the above, the orders of the CPIO and AA are set aside and the CPIO is hereby directed to provide copies of the evaluated answer- scripts to the appellant, free of cost, in 03 weeks time.
Sd/-
(M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(K.L. Das) Deputy Registrar Address of parties :-
1. The Supdt of Post Offices Department of Posts, Tenali Division, Tenali-522201
2. Smt T Madhavi Chinapulivarru BO, A/W Vellaturu, SO 5222857