JUDGEMENTS & DECISIONS WHICH HAVE PERMITTED DISCLOSURE OF EVALUATED ANSWER SHEETS UNDER RTI.

JUDGEMENTS & DECISIONS WHICH HAVE PERMITTED DISCLOSURE OF EVALUATED ANSWER SHEETS UNDER RTI.

i]. University Exams: 49 page judgement dated 05-02-2009 of divisional bench of Hon’ble High Court of Calcutta headed by Chief Justice in M.A.T. No. 275 of 2008-University of Calcutta & ors. Vs Pritam Rooj. This is judgement of divisional bench of a High Court headed by Chief Justice and is available on website of High Court of Calcutta.

ii]Departmental Promotion Exams: High Court of Kerala at Ernakulam in WP(C).No. 6532 of 2006(C) Treesa Irish Vs CPIO Dept of Post, Govt. of India and others dated 30-08-2010 [27 pages]
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iii] Public Service Com Exam: In CWJC NO. 160665 of 2008 (Bihar Public Service Commission Vs. State Information Commission and others) decided on 11.12.2008, the High Court of Judicature at Patna upheld the order passed by the State Information Commission directing supply of photocopy of the answer books of two papers to the information seeker, of an examination conducted by Bihar Public Service Commission. The Hon’ble High Court directed that, “…..the BPSC shall supply a certified copy of the answer books demanded by the petitioner, as undertaken by the learned Advocate General on its behalf, within a period of three weeks from today.”

iv] Professional Exams: High Court of Delhi on 30.04.2009 in W.P.(C) 8529/2009 Institute of Chartered Accountants of India, v/s. Central Information Commission, New Delhi.

v] Departmental Exams: WP (C) No.30963 of 2006 (J), (V.B.Santosh vs. CPIO o/o the Post Master General, Kerala Circle) of Hon’ble High Court of Kerala vide order dated 29.2.2008.

vi] University Exams: W.P.(MD)NO.4815 of 2008 of Madurai Bench of Madras High Court on 13/09/2010 - R.Ramasamy v/s 1.The Secretary, Ministry of Higher Education, Chennai, 2.The Registrar, T.N. Dr. Ambedkar Law University, Chennai and others.

vii] All types of answer sheets: STATE INFORMATION COMMISSION, PUNJAB, Chandigadh .dated 27-05-2010 CC No. 3033 of 2009:Sh. Surinder Kumar Vs Public Information Officer, O/o Commissioner, Excise & Taxation Punjab, [IMPORTANT].

Note: High Court of Gujarat in its judgement dated 29-06-2009 in SCA No. 5178 of 2008 has decided that answer sheets are not records as per RTI Act. This is available at
http://gujarathc-casestatus.nic.in/gujarathc/showoj.jsp?side=C&casetype=SCA&caseno=5178&caseyr=2008&orddate=29/06/2009&ordno=3&incrno=3&findcatg=ordnSearch&h=asda#238#901dsdsa


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HOW TO ACCESS EVALUATED ANSWER SHEETS:
http://www.rtiindia.org/forum/blogs/jps50/481-how-access-exam-answer-sheets.html

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Compiled by J P Shah, Junagadh Cell 9924106490