Central Information Commission
Satya Dev Sharma vs Central Board Of Secondary Education on 15 October, 2017
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
website-cic.gov.in
Appeal No. CIC/CBSED/A/2016/298693/MP
Appellant : Shri Satya Dev Sharma, Delhi
Public Authority : CBSE, Delhi
Date of Hearing : August 23, 2017
Date of Decision : September 22, 2017
Present:
Appellant : Not present
Respondent : Ms. Punam, Asstt. Secy. and Ms. Anita Goel, S.O. - at
CIC
RTI application : 30.05.2016
CPIO's reply : 10.06.2016
First appeal : 24.06.2016
FAA's order : N.A.
Second Appeal : 09.08.2016
ORDER
1. Shri Satya Dev Sharma, the appellant sought copy of instruction/rules issued for evaluation of marks in mathematics and economics papers for 12th class and whether these rules were followed while checking mathematics and economics papers of Roll no. 9117185 of 2016 exam.
2. The CPIO intimated the appellant that a detailed marking scheme was available on the CBSE website and detailed guidelines for spot evaluation centre were also sent for adhering the evaluation of answer book norms. Dissatisfied, the appellant approached the FAA. The FAA does not appear to have adjudicated in the matter. Aggrieved, the appellant came in appeal before the Commission stating that complete information sought had not been provided to him.
3. The matter was heard by the Commission. The appellant was not present in spite of the notice of hearing having been sent to him.
4. The respondent stated that the point wise reply had been provided to the appellant on 10.06.2016 on his RTI application dated 30.05.2016. On point 1 it was informed to the appellant that a detailed marking scheme was being supplied at each evaluation centre, which was also available on the department's website www.cbse.nic.in in public domain. The CPIO stated that on point 2 i.e. whether the rules were adhered while checking of mathematics and economics paper of roll no. 9117185, although no information was available on records with respect of any specific roll no. still the general information that 'rules for checking answer book and detailed guidelines for spot evaluation centre was sent for adhering the evaluation of answer book norms' was provided to the appellant to his satisfaction. The appellant was not present to put forth his contentions, if any.
5. The Commission observes that under the provisions of the RTI Act the CPIO is not required to provide clarification or furnish replies to hypothetical questions, only such information as is available and existing and held by the public authority or is under control of the public authority can be provided. The CPIO is not supposed to create information that is not a part of the record. In the instant matter it is apparent that on point no. 2 specific information was not available, however, general information available with the respondent had been provided and on point 1 the information sought i.e. detailed marking scheme and book containing guidelines was available on the department's website in public domain. The appeal is disposed of.
(Manjula Prasher) Information Commissioner Authenticated true copy:
Dy Registrar Copy to:
Appellant Shri Satya Dev Sharma B-18, Pandav Nagar Patparganj Road, Delhi-110092 The Central Public Information Officer Central Board of Secondary Education Regional Office-Delhi PS, 1-2, Institutional Area, IP Extn. Patparganj, Delhi-110092 The First Appellate Authority Central Board of Secondary Education Regional Office-Delhi PS, 1-2, Institutional Area, IP Extn. Patparganj, Delhi-110092