Question Booklet of AIIMS MBBS entrance exam was denied citing a Delhi HC order - CIC: Ratio of the Court’s decision does not apply as it is not similar to super-speciality entrance exam; provide the question paper along with the relevant answer key
The appellant sought copy of Question Booklet of AIIMS-MBBS Entrance Examination, 2013, copy of OMR Sheet of Roll No. 3214065, Answer Key as well as marks obtained and rank secured.
Relevant facts emerging during hearing:
The appellant is not present while the respondent is present and heard. The appellant filed RTI application on 03.07.2013 seeking the above information. CPIO in his reply dated 17.07.2013 informed the appellant that that the question papers and answer key of Entrance Examination cannot be provided as per Hon’ble Delhi High Court order in the LPA No.487/2011, whereas the marks obtained by the individual candidate and certified copy of the answer sheet can be seen on AIIMS website. FAA vide order dated 19.10.2014 provided certified copy of OMR Roll No. 3214065 and informed that marks obtained by all the candidates are on AIIMS website and for question paper and answer key upheld the stand of the PIO. Not satisfied with the response of Public authority, appellant filed present appeal before the Commission. Respondent reiterated their stand and stated that now the complete examination process is online.
After hearing the respondent and on perusal of record, the Commission finds that respondent has referred to the Delhi High Court’s decision in AIIMS v. Vikrant Bhuria [LPA No. 487/2011], but has not given any justification as to why information sought by the appellant should not be disclosed.
The High Court in AIIMS v. Vikrant Bhuria, while considering the Supreme Court’s judgement in ICAI v. Shaunak H. Satya & Ors. [Civil Appeal 7571/2011], observed:–
“15. We are satisfied that the nature of the examination, subject matter of this appeal, is materially different from the examination considered by the Supreme Court in the judgment supra. There are few seats, often limited to one only, in such super-speciality courses and the examinees are highly as aforesaid, has paid tributes to the faculty of the appellant and credited them with the ingenuity to churn out new questions year after year but we cannot ignore the statement in the memorandum of this appeal supported by the affidavit of the Sub-Dean (Examinations) of the appellant to the effect that the number of multiple choice questions which can be framed for a competitive examination for admission to a super-speciality course dealing with one organ only of the human body, are limited. This plea is duly supported by the prohibition on the examinees from copying or carrying out from the examination hall the question papers or any part thereof. We have no reason to reject such expert view.”
In view of the above, it is clear that ratio of the Delhi High Court’s decision does not apply in the instant case. In the instant case the appellant sought the question paper of AIIMS-MBBS Entrance Examination, 2013 which is not similar to super speciality entrance exams. The Commission, therefore, directs CPIO to provide the question paper along with the relevant answer key, to the appellant, within three weeks of the receipt of this order, under intimation to the Commission. The appeal is disposed of accordingly.
Citation: Ms. Sakshi Mathur v. in AIIMS in F.No. CIC/YA/A/2014/001004