Does the examinee have a right to inspect his evaluated answer book?

Right to Inspect Evaluated Answer Books under RTI Act

Under the Right to Information (RTI) Act, 2005, an examinee has the right to inspect their evaluated answer book. This right was affirmed by the Supreme Court of India in the landmark case of Central Board of Secondary Education (CBSE) vs. Aditya Bandopadhyay. Let's delve into the details of this right, the relevant legal provisions, and the implications of this judgment.

Background of the RTI Act

The RTI Act, 2005, was enacted to promote transparency and accountability in the functioning of public authorities. It empowers citizens to seek information from public authorities, thereby making the government more open and accessible.

Key Provisions of the RTI Act

1. Section 2(f): Definition of Information

   Section 2(f) of the RTI Act defines "information" as any material in any form, including records, documents, memos, emails, 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.

2. Section 2(j): Right to Information

   Section 2(j) defines the "right to information" as the right to access information held by or under the control of any public authority, including the right to inspect work, documents, records, take notes, extracts or certified copies of documents or records, and take certified samples of material.

Supreme Court Judgment: CBSE vs. Aditya Bandopadhyay

The Supreme Court's decision in CBSE vs. Aditya Bandopadhyay is a landmark judgment that clarified the rights of examinees under the RTI Act. The case arose when Aditya Bandopadhyay and other students sought access to their evaluated answer books from the CBSE under the RTI Act. The CBSE denied the request, arguing that the evaluated answer books were exempt from disclosure under Section 8(1)(e) of the RTI Act, which exempts information available to a person in their fiduciary relationship.

Key Points of the Judgment

1. Evaluated Answer Books as Information

   The Supreme Court held that evaluated answer books fall within the definition of "information" under Section 2(f) of the RTI Act. Therefore, they are subject to disclosure unless specifically exempted under the Act.

2. Fiduciary Relationship

   The Court rejected the argument that the relationship between the examining body and the examinee is fiduciary in nature. It held that the examining body does not hold the evaluated answer books in trust for the examinee but rather as part of its statutory duty to conduct examinations and declare results.

3. Right to Inspect and Obtain Copies

   The Court affirmed that examinees have the right to inspect their evaluated answer books and obtain certified copies under the RTI Act. This right is subject to the payment of the prescribed fee and compliance with other procedural requirements.

4. Public Interest

   The Court emphasized that the disclosure of evaluated answer books serves the larger public interest by promoting transparency and accountability in the examination process. It helps ensure that the evaluation process is fair and free from errors.

5. Safeguards for Examiners

   The Court also noted the need to protect the identities and safety of examiners involved in the evaluation process. It suggested that examining bodies could adopt measures such as masking the names and signatures of examiners on the answer books before providing access to examinees.

Implications of the Judgment

1. Empowerment of Students

   The judgment empowers students by giving them the right to access their evaluated answer books. This helps students understand their performance better and seek redressal in case of any discrepancies in the evaluation process.

2. Transparency and Accountability

   By allowing access to evaluated answer books, the judgment promotes transparency and accountability in the examination process. It ensures that examining bodies adhere to fair and accurate evaluation practices.

3. Procedural Requirements

   Examinees seeking access to their evaluated answer books must follow the procedural requirements laid down by the RTI Act, including submitting a formal RTI application and paying the prescribed fee.

4. Protection of Examiners

   Examining bodies must take steps to protect the identities and safety of examiners. This can be done by masking the names and signatures of examiners on the answer books before providing access to examinees.

Practical Steps for Examinees

1. Submit an RTI Application

   The examinee should submit a formal RTI application to the Public Information Officer (PIO) of the examining body. The application should clearly state the information sought, i.e., inspection or certified copy of the evaluated answer book.

2. Pay the Prescribed Fee

   The examinee must pay the prescribed fee for accessing the information. The fee structure is usually specified by the examining body or the RTI regulations.

3. Follow Up

   If the examining body does not respond within the stipulated time frame (usually 30 days), the examinee can file a first appeal with the designated appellate authority within the examining body.

4. Second Appeal

   If the examinee is not satisfied with the decision of the first appellate authority, they can file a second appeal with the Central Information Commission (CIC) or the State Information Commission (SIC).

Conclusion

The right to inspect evaluated answer books under the RTI Act is a significant step towards promoting transparency and accountability in the examination process. The Supreme Court's judgment in CBSE vs. Aditya Bandopadhyay has reaffirmed this right, empowering students to seek access to their evaluated answer books and ensuring that the evaluation process is fair and accurate. By understanding and exercising this right, examinees can play an active role in ensuring the integrity of the examination system.

If you have any further questions or need more detailed information, feel free to ask!