Information about change in options provided in the answer key for the post of AHO Gr B under the Medical Dept of East Coast Railway Bhubaneswar - CIC: Provide documentary proof that option A is the correct answer for Question No. 97
13 Apr, 2025
Information sought:
The Appellant filed an RTI application dated 16.09.2023 (online) seeking the following information:
“As the application was submitted and information sought required under RTI Act 2005 for the selection was made for the post of AHO Gr B under the Medical Department of East Coast Railway Bhubaneswar. Provide the information as appended below from the Medical Department as head of the selection committee of AНО.
1. Provide the information towards selection committee has the authority to ask a question from out of the syllabus on the departmental Group B examination, if yes provide a copy of the railway establishment circular letter.
2. Provide the information for the formation of Group B Panel of Assistant Health Officer in the Medical Department of ECOR for the assessment period 20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. 23, all the multiple choice questions were asked from the specified syllabus published under the vide Letter No. ECOR Pers Gaz MED AHO 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. 23, Dated 28.12.20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. in Annexure D.
3. Provide the information towards questions No. 62, 63 and 64 that were asked from the stipulated syllabus published under the vide Letter No. ECOR Pers Gaz MED AHO 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. 23 in Annexure D, Dated 28.12.20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. .
5. Provide the information, if question No. 62, 63 and 64 were asked from within the syllabus, which part of the syllabus cover the said questions, the information should be as per the syllabus published under Annexure D, provide name of the chapter which covers their said topics pertains to questions no. 62, 63 and 64.
6. As the syllabus published under Letter No. ECOR Pers Gaz MED AHO 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. 23, Dated: 28.12.20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. in Annexure D, As Technical Professional part consists 21 Chapters, among the 21 Chapter Si No. 2 mentioned Water Management but topics covered as waste management. Provide the information on any mistake in topics in SI No. 2.
9. Questions No. 62, 63 and 64 were asked from the Indian Railway Works Manual of the engineering department, provide the information in Yes or No. If No, then which part of the syllabus covers the said question number.
10. Kumar Swet Kamal submitted the representation towards Question No. 97, as the first answer key published the right answer was given option C for question no. 97 and under the revised answer key which is released on 25.05.2023 mentioning the right answer of Question No. 97 is given option A. Provide a copy proof which justifies the answer A is correct and what is the existing practice in East Coast Railway for stores and works matters. This is submitted for your needful and kind replies the same.”
The CPIO furnished a point-wise reply to the Appellant on 11.10.2023 stating as under:
“1 No. All the questions asked in the departmental Group B examination were within the syllabus.
2 Yes. All the questions were asked from the specified syllabus published under the vide Letter No. ECOR Pers Gaz MED AHO 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. 23, Dated: 28.12.20 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. in Annexure D.
3 Questions No. 62, 63 and 64 were asked from the stipulated syllabus.
5 Questions No. 62, 63 and 64 were asked from the stipulated syllabus Annexure D, under Chapter: 4 Environmental Sanitation: mechanization in sanitation.
6 There has been a typographical mistake. Though it is mentioned as Water management, the contents under this SI No. 2 clearly mentions the topics related to waste management. Moreover, this was not pointed out by the applicant during its notification in website.
9 Questions No. 62, 63 and 64 were asked from the stipulated syllabus Annexure D, under Chapter: 4 Environmental Sanitation: mechanization in sanitation.
10 The information was sought from Stores Dept. 0/0 PCMM/ECOR/BBS (CMM-II/ECOR/BBS) vide this office letter No. ECOR/BBS/MED/RTI/Stores/CMM-11/989, dated: 27.09.2023 as a technical department. However, the reply from their office is as below: "the answer key may please be ascertained from the Question and Answer key setting official".
Answer key setting official, Dr D Rama Rao, PCMD/BBS has set the option 'A' as the answer and the documentary proof is not available in this office. The existing practice is not pertaining to Medical Department.”
Being dissatisfied, the appellant filed a First Appeal dated 28.10.2023.
The FAA vide its order dated 09.11.2023, held as under:
“I have carefully gone through RTI application, reply given by PIO and appeal filed by the applicant.
The interrogative nature of queries "how/why" sought by the appellant in Question.nos-1,2,3,5,6,9 and 10 are not covered under the definition of information as per section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI act, 2005 and PIO is not expected to communicate to the applicant why certain things were done or not done(here in this case queries were made under RTI regarding correctness of questions asked in the examination, correctness of answers and whether questions were from syllabus or not).
In terms of section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; RTI act 2005 "information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples models data material held in any electronic form and information relating to any private body which can be assessed by a public authority under any other law for the time being in force.
Only such information is required to be supplied under the Act which already exists and is held by the public authority or held under the control of the public authority. It is beyond the scope of the Act to create information or to interpret information or to solve the problems raised by the applicants or to furnish replies to hypothetical questions.
Thus, details sought by the applicant are not covered under the category of "information" as defined under section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of RTI act, 2005, in as much the applicant is seeking details which are in nature of seeking/raising queries and solving his problems as regards to questions asked in the said examination and answers.
Accordingly, I proceed to pass the following orders.
(a) It is evident that queries of the applicant in Question.nos-1,2,3,5,6,9 and 10 are of interrogative in nature and he has many queries related to syllabus and question paper in the formation of group B panel of Asst. Health Officer in the medical department, therefore PIO is advised to provide applicant a copy of the notification of the said examination containing all details of the selection procedures.
(b) I hold that the information furnished by the PIO is sufficient and proper and there is no justification in the dissatisfaction of the appellant in the same. Hence I reject the contention of the applicant that he was refused access to information requested under RTI act 2005.
(c) information already provided to the applicant by PIO pertaining to this department stands good. With these remarks the first appeal stands disposed of accordingly.”
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through VC.
Respondent: Dr. P.K. Pattanayak, PIO-cum-Additional Chief Medical Director, attended the hearing through VC.
The Appellant stated that he is not satisfied with the reply provided by the Respondent on point No. 3, 5 and 10 of the instant RTI Application.
The Respondent submitted that a suitable and pointwise reply qua the instant RTI Application has been given to the Appellant vide letter dated 11.10.2023 and 09.11.2023.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that the Appellant has restricted his Second Appeal to point No. 3, 5 and 10 of the instant RTI Application. The Commission is of the opinion that the reply provided by the Respondent on point No. 3 and 5 of the RTI Application is appropriate. However, the reply provided by the Respondent on point No. 10 of the RTI Application is not satisfactory as the Respondent has not provided the documentary proof to the Appellant. Accordingly, the Commission directs Dr. P.K. Pattanayak, PIO-cum-Additional Chief Medical Director, to provide documentary proof as sought in point No. 10 of the RTI Application to the Appellant within two weeks from the date of receipt of this order. If the relevant record is not available/found, the CPIO is directed to submit an appropriate affidavit, on non-judicial stamp paper deposing the factum of non- availability of the relevant record in respect of point No. 10 of the RTI Application with a copy to the Appellant.
The FAA to ensure compliance of this order.
The appeal is dismissed accordingly.
Vinod Kumar Tiwari
Information Commissioner
Citation: Kumar Swet Kamal v. Office of the Principal Chief Medical Director, Rail Sadan, Bhubaneswar, CIC/ECRBH/A/2023/652155; Date of Decision : 06.03.2025