Rakesh Kumar @ Rakesh Chand vs Harish Chander on 2 February, 2009
4. After hearing both parties, Commission notes
that respondent has confirmed that evaluation of the
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".