Denial of copy of the re-evaluation report of answer sheet u/s 8(1)(g) - CIC: A candidate is entitled to seek a copy of his answer sheet which also covers re-evaluated answer sheets; Personal information of the invigilators can be severed u/s 10
1 Feb, 2020Information Sought:
The appellant (Roll No. 5393992) appeared for class – X CBSE Board examination. He also undergone for re-evaluation of his answer sheet. In this connection he has sought the following information:
1. Copy of the re-evaluation report (all pages) of the subject experts in which 07 marks have been considered for enhancement.
2. Copy of the approval of competent authority for enhancement of the marks.
Grounds for Second Appeal
The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that denial of the information u/s 8(1)(g) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; of the RTI Act is not appropriate as he has got copies of re-evaluated answer sheets of some other papers from the same organisation and this information should be provided to him.
The CPIO submitted that the information sought by the appellant contains personal information of the invigilators and hence cannot be provided to the appellant as the same is exempted from disclosure u/s 8(1)(g) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; of the RTI Act.
Observations:
Having heard the submissions of both the parties, it is noted that the reply of the CPIO was highly improper as information was denied u/s 8(1)(g) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; of the RTI Act without suitably supporting this action. The CPIO should note that it is a settled principle that any candidate is entitled to seek a copy of his answer sheet which also covers re-evaluated answer sheets. The submissions of the CPIO that since the re-evaluated answer sheet contains personal information of the invigilators, it cannot be provided is also not justified as any personal information of the invigilators or the examiners including the names and signatures can be severed from the re-evaluated paper u/s 10 of the RTI Act. Hence, the present CPIO is directed to provide complete information to the appellant after masking any personal information which stands exempted.
Decision:
In view of the above observations, the CPIO is directed to provide complete information to the appellant as sought by him in his RTI application and any third party information may be severed u/s 10 of the RTI Act. This direction is to be complied with within a period of 15 days from the date of receipt of this order under intimation to the Commission. The CPIO should note that in an event of her failure to provide the requisite information to the appellant within the time mentioned above, the CPIO will be open for penalty under the relevant provisions of the RTI Act.
The appeal is disposed of accordingly.
Vanaja N. Sarna
Information Commissioner
Citation: Rohit Agrawal v. CPIO, Central Board of Secondary Education in Decision no.: CIC/CBSED/A/2018/153383/02697, Date of Decision: 23/01/2020