Document Fragment View

Matching Fragments

4

3. The case of the petitioner, in brief, is as follows:

a) Petitioner being eligible for the post of School Assistant (Social Studies) and Urdu Medium had applied to the recruitment notification issued by the 2nd respondent i.e., Commissioner and Director of School, Education, Hyderabad for 7 posts vide recruitment notification of DSC - 2008.
b) Since their being large scale irregularities in preparing the merit list took place and the 2nd respondent issued a press note, inviting students for verification of their respective OMR sheets by drawing a D.D. for Rs.500/- in favour of 2nd respondent and the petitioner had made an application to verify the OMR sheets on 05.07.2009.

4. The respondents filed counter affidavit, in particular, Para 10 reads as under:

"Para 10. It is submitted that the Govt. in G.O.Ms.No.161 dated 06.12.2018, under Rule (14) has authorized the Director of School Education to dispose off the material relating to the Teachers Recruitment such as ICR's, OMR's Q.P's etc. after one year from the date of conduct of written test/declaration of results/display of selection lists whichever is later and the selection process of DSC 2008 has been completed and the print out of the response OMR Sheet and Key are already furnished to her to checkout correctness of her answers. Further it is submitted that the Petitioner whatever shaded in the original OMR Answer sheet during the examination the same will be reflected in the printouts of Response OMR sheet as the Original OMR sheets are scanned in the scanners. The Petitioner is asking the copy of original OMR Answer sheet under RTI Act but all the original OMR Answer Sheets of all subjects near about (20,163) were put together at the same time of scanning and it is not possible to trace out the OMR Answer Sheet. Therefore, the printout of response OMR answer sheet was issued to the Petitioner."

8. Proceedings in Rc.No.B1/WP 33324/2014, dated 23.03.2023, in particular, last para, reads as under :

"It is submitted that the Govt. in GO Ms No. 161, dt.06.12.2008, under Rule(14) has authorized the Director of School Education to dispose off the material relating to the Teachers Recruitment such as ICR's, OMR's, Q.P's etc., after one year from date of conduct of written test/declaration of result/display of selection list whichever is later and the selection process of DSC 2008 has been completed and the print out of response OMR sheet and key are already furnished to her to checkout correctness of her answer. Further it is submitted that the petitioner whatever shaded in the Original OMR Answer sheet during the examination the same will be reflected in the printout of Response OMR sheet as the original OMR sheets are scanned in the scanners. The petitioner is asking the copy of original OMR Answer sheet under RTI Act The printout of response OMR answer sheet was issued to the petitioner."

17. The Apex Court in its conclusion in the said judgment infact upheld and affirmed the order of the High Court directing the examining bodies to permit examinees to have inspection of their answer books subject to the clarifications regarding the scope of the RTI Act and the safe guards and conditions subject to which information to be furnished.

18. This Court opines that the finding in the order dt. 03.10.2012 of the State Information Commissioner in Appeal No.8911/SIC-SPR/2010, that the writ petitioner did not apply within the date prescribed and the last date prescribed was 06.07.2009 is factually incorrect and to that effect it is specifically averred by the Petitioner at para 5 of the reply affidavit filed in the present writ petition that in pursuance to the DSC Teachers Recruitment Notification issued in the year 2008 written examination was conducted on 31.05.2009 and results were declared in June 2009, press note was issued on 30.06.2009 for filing application for providing Xerox OMR sheets within 10 days and on 05.07.2009 the Petitioner made application along with DD for Rs.500/- and on 29.07.2009 typed response OMR sheet was furnished to the petitioner instead of Xerox OMR sheet. Aggrieved by the same the Petitioner had preferred First Appeal before the 1st Respondent on 14.11.2009 and on 17.12.2009 the Petitioner was informed that all information was furnished which was factually incorrect and the Petitioner preferred Second Appeal to the Respondent No.3 and on 29.06.2012 the 2nd Appellate Authority had passed orders in favour of the Petitioner directing Information Officer to provide Xerox copy of OMR sheet within 10 days and when the same was not supplied, Petitioner filed complaint on 19.12.2012 and thereafter the present impugned order had been passed closing the entire complaint unilaterally in the absence of the Petitioner without notice to the Petitioner on 28.08.2013.