Central Information Commission
Mr.Dayanand Jha vs Department Of School Education And ... on 5 April, 2011
1
Central Information Commission
Room No.296, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama
Place, New Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Appeal : No. CIC/DS/A/2010/001720
Appellant /Complainant : Sh. Dayanand Jha
Mahamaya, Jharkhand
Public Authority : Central Board of
Secondary Education,
Delhi ( Shri G.L. Mittal,
Dy.Secy./CPIO)
Date of Hearing : 5 April 2011
Date of Decision : 5 April 2011
Facts:
1. Applicant moved RTI application dated 31 May 2010 before the CPIO, CBSE, New Delhi seeking information on CD in respect of OMR answer sheet of Ms Priyanka Thakur for the AIEEE 2010 exam who appeared from centre code 233027. The CPIO vide his order dated 11 June 2010 denied disclosure of information on the grounds that it did not serve any larger public interest and also stated that the AIEEE answer sheets are machine treated with extreme care and repeatedly scrutinised and that there is no provision for rechecking/re - evaluation of the answer sheets. The CPIO relied on judgement dated 23 April 2007 by the Commission in deciding the matter.
2. The applicant preferred appeal dated 25 June 2010 before the first appellate authority. Vide FAA order dated 8 July 2010 the matter was disposed of by concurring with the order of the CPIO. Being aggrieved and not being satisfied by the above orders, the appellant preferred second appeal before the Commission. The matter was heard today. Appellant was not present. Respondent was present in person as above and made submissions.
Decision notice
3. After hearing both parties, Commission notes that respondent has confirmed that evaluation of the Appeal : No. CIC/DS/A/2010/001720 2 0MR answer sheets is carried out through computerized process and not manually. It is also established as per the decision of the CIC in Rakesh Kumar Singh Vs Harish Chander that where OMR sheets are used, as in the present case, the disclosure of evaluated answer sheet was "unlikely to render the system unworkable and as such the evaluated answer sheets in such cases will be disclosed and made available under the Right to Information Act unless providing such answer sheets would involve an infringement of copyright as provided for under section 9 of the RTI Act".
4. Here, reference is made to judgement of S. Muralidhar, J in W.P (C) 751 of 2011 and CM Appl 1598/2011 filed in Delhi High Court which upheld the order of the Central information Commission dated 23 December 2010 in which Commission directed CPIO of the Indian Institute of Technology, Delhi to provide the mark sheet to the appellant. Through its order the Court has ruled that "the evaluation of the ORS is carried out through computerized process and not manually, the question of there being a fiduciary relationship between the IIT and the evaluators does not arise..... and no prejudice can be caused to the IIT by providing a candidate a photocopy of the concerned 0RS. This is not information being sought by a third party but by the candidate himself or herself. The disclosure of such photocopy of the 0RS will not compromise the identity of the evaluator, since the evaluation is done through a computerized process."
5. The Court also dismissed the argument that if the impugned orders of the CIC are sustained it would open a "floodgate" of such applications by other candidates as a result of which the entire JEE and GATE would "collapse" on the grounds that the apprehension is exaggerated.
6. In keeping with the spirit and tone of the aforementioned judgment, Commission directs the CPIO to provide a copy of the OMR answer sheet and model answer key as sought by the appellant within one week of receipt of the order.
Appeal : No. CIC/DS/A/2010/001720 3 7 . Commission invites attention of the Chairman, CBSE to the fact that in the new milieu which favours transparency in actions of public authorities, the board should revisit this issue in the light of the fact that the IIT's and two universities - Rajasthan and Himachal Pradesh - have taken decision to place on their websites the OMR answer sheets of the candidates along with the model answer sheet in the interest of fairness and transparency in the examination system.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Under Secretary & Dy. Registrar Tel No. 01126105027 Copy to:
1. Shri Dayanand Jha Mahamaya Opp: Balia Women's College, Carstairs Town, P.O. B, Deoghar Dist: Deoghar (Jharkhand)814112
2. The CPIO Central Board of Secondary Education PS 12Institutional Area, I.P. Extension Patparganj, Delhi110092.
3. The Appellate Authority Central Board of Secondary Education PS 12Institutional Area, I.P. Extension Patparganj, Delhi110092.
4. The Chairman Central Board of Secondary Education PS12, Institutional Area, I.P. Extension, Patparganj, Delhi110092 Appeal : No. CIC/DS/A/2010/001720