Central Information Commission
Mr. J. Srinivasa Rao vs Bsnl, Hyderabad on 13 April, 2009
Central Information Commission
CIC/AD/A/X/09/00176
Dated April 13, 2009
Name of the Applicant : Mr. J. Srinivasa Rao
Name of the Public Authority : BSNL, Hyderabad
Background
1. The Applicant filed an RTI application dt.14.7.08 with CPIO, BSNL, Hyderabad. He requested for copies of evaluated answer sheets for the LDCE from JTO(T) to SDE(T) the results of which were declared on 8.7.08. The CPIO replied on 14.8.08 denying the information u/s 8(1) (g) stating that disclosure of evaluated answer sheets would render the system of conduction of examinations unworkable in practice. Also, the disclosure will endanger the life or physical safety of the persons associated with the examination process.
Not satisfied with the reply of the CPIO, the applicant filed an appeal dt.16.9.08 with the Appellate Authority reiterating his request for the information. The Appellate Authority replied on 17.11.08 stating that:
i) Every year BSNL conducts various departmental / direct recruitment examinations involving thousands of candidates. A common procedure is being followed for conducting the examinations based on the BSNL recruitment rules. It is pertinent to mention that the examination process is executed entirely within the organization. Departmental officers are nominated as paper setters as well as examiners in addition to their normal duties.
ii) Most of the examinations are descriptive in nature giving scope for variations in the allocation of marks. The disclosure of answer sheets will result in challenging of such variations in the Hon'ble Court of Law. Due to these reasons, officers are not willing to volunteer as examiners. Since it is not possible to isolate the identity of the examiner from the answer sheets, they are feeling insecure about their life or career due to apprehensions of litigations raised in the evaluation of answer sheets. Moreover, when the evaluated answer sheets are challenged in courts, the entire recruitment process comes to a halt until the decision is given by the court. This results in deficiency of man power which subsequently hampers the developmental activities of the organization.
Aggrieved with this reply, the applicant filed a second appeal dt.18.12.08 before the CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for April 13, 2009.
3. Both the Appellant and the Respondent were absent during the hearing.
Decision
4. Taking recourse to the decision of the Commission dated 16.4.07 in appeal nos.CIC/WB/A/2006/00469 and 00394, CIC/OK/A/2006/00266/00058/00066 &00315 Rakesh Kumar Singh & Ors vs. Lok Sabha Secretariat, the Commission directs the CPIO to provide a certified copy of the answer sheet as sought in the RTI application, after ensuring that the life of the examiner, supervisor or any other person associated with the process of examination is not endangered by severing all parts of the answer sheets which give away the identity of such individuals. The information is to be provided within 15 working days of the receipt of this Order.
5. The CPIO is also directed to provide, in future, copies of evaluated answer sheets of competitive/promotional exams to RTI applicants seeking such information after severing as explained above (under Section 10(1) that part of the information which is exempt from disclosure (as explained in para no.
4) .
6. The appeal is disposed off.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Asst. Registrar Cc:
1. Mr.J.Srinivasa Rao Junior Telecom Officer O/o SDE (EWSD) Bharat Sanchar Nigam Limited 2nd Floor, Telephone Exchange Ashok Nagar Guntur 522 007
2. Mr.M.Diwakar The ACPIO & AGM (Legal) Bharat Sanchar Nigam Limited O/o Chief General Manager Telecom A.P.Circle Hyderabad 500 001
3. The Appellate Authority & The Chief General Manager Bharat Sanchar Nigam Limited O/o Chief General Manager Telecom A.P.Circle Hyderabad 500 001
4. Officer in charge, NIC
5. Press E Group, CIC