Students/examinees often confront the following two questions:
(1) Whether they can obtain copies of their answer sheets from their Universities/Boards/Examining bodies like Public Service Commissions under the RTI Act or they have to apply for the same under the University/Board/Examining Body’s Rules only? and
(2)Whether the fee to be paid for obtaining the answer sheet is to be paid under the RTI Act or under the University/Board/Examining Body Rules?
A news item[1] reported that the Telangana State Board of Intermediate Education (TSBIE) had taken the view that it will not be possible for students and parents to get copies of answer sheets through an application under the Right To Information (RTI) Act. Answer sheets are considered ‘paid material’ under Government Order 454…. The board says students must apply for reverification by paying a fee of `600 per answer sheet.
As can be seen from above, the news item referred to the two issues of (i) Obtaining answer sheets under the RTI Act, 2005 and making payment for it under Government Order(ii) applying for reverification by making payment of Rs. 600 per answer sheet.
Supreme Court decisions:
In the case of Central Board of Secondary Education (“CBSE”) Vs. Aditya Bandopadhyay & Others[2], Hon’ble Supreme Court held that an evaluated answer book is an information and the examinee has the right to inspect it or take certified copies of it under the RTI Act.
Infact, subsequently, while hearing a contempt petition[3] against CBSE in the CBSE Vs. Aditya Bandopadhyay case, Supreme Court directed CBSE to scrupulously observe its directions in the aforesaid case.
Thereafter, in the case of Mradul Mishra, Hon’ble Supreme Court directed the UP Public Service Commission to fix the date, time and place where the Applicant could come and inspect the answer sheet[4].
Karnataka Information Commission (KIC) too directed the Karnataka Public Service Commission to provide certified copies of an examinee’s answer sheet of the Gazetted Probationer Main examination 2015[5].
Thus, the issue of whether an examinee has the right to seek copy or inspection of his/her answer sheet under the RTI Act is very well settled.
Payment of fee:
As regards making payment of answer sheets as per Government Order, it may be useful to refer to Hon’ble Supreme Court’s judgment in the recent case of Institute of Companies Secretaries of India (ICSI) Vs. Paras Jain [6]. In this case, the issue before the division bench of Hon’ble Supreme Court was that when the answer scripts are sought by the examinees from the ICSI, then whether, the fee would be payable under the Right to Information (Regulation of Fees and Cost) Rules, 2005 (RTI Fee Rules) or under the guidelines for providing inspection and /or supply of certified copy(ies) of answer book (s) to students (the Guidelines), framed by the examination committee of ICSI’s statutory council under Section 15, 15 A and 17 of the Company Secretaries Act, 1980.
Supreme Court observed that the avenue for seeking certified copies and inspection is available under both the RTI Act and the Guidelines of ICSI.
The guidelines of the ICSI govern the modalities of its day to day concern and to effectuate smooth functioning of its responsibilities under the Company Secretaries Act, 1980 and may provide for much more than what is provided under the RTI Act, such as re-evaluation, re-totalling of answer scripts but that does not take away from the RTI Fee Rules which also entitles the candidates to seek inspection and certified copies of their answer scripts.
The Court held that existence of these two avenues is not mutually exclusive and it is up to the candidate to choose either routes. If a candidate seeks information under the Right to Information, then payment has to be sought under the RTI Rules, however, if the information is sought under the Guidelines of ICSI, then ICSI is at liberty to charge the candidate as per its Guidelines.
Conclusion:
State Boards, Public Service Commissions are public authorities under Section 2(h) of the RTI Act, 2005, and in view of the aforesaid orders of Supreme Court, if an examinee opts to seek copy of his/her answer sheet under the RTI Act, then he would be entitled to the same and the fee applicable would be under the RTI Fee Rules. If, however, the examinee does not use RTI Act for filing the Application, then the fee as applicable under the State Board/Examining Body’s Rules/Regulations/Guidelines or the applicable Government Orders will apply. If, however, the candidate seeks re-verification, re-totalling of marks, the same may not be possible under the RTI Act, as the RTI Act provides only the right of inspection and obtaining certified copies and not the right to re-verification and re-totalling.
[1] https://www.deccanchronicle.com/nation/current-affairs/260419/answer-sheets-cant-be-obtained-through-rti-act.html[
[2] Civil Appeal No.6454 of 2011 dated 9.8.2011
[3] Kumar Shanu & Anr Vs. YSK Seshu Kumar, Chairman CBSE, IA. 1/2016 in Contempt Petition (C) D.No. 9837/2016 in CA No.6454/2011 dated 16.8.2016
[4] Mradul Mishra vs. Chairman, U.P. Public Service Commission and Ors., Civil Appeal No. 6723 of 2018 (Arising Out of SLP No. 33006 of 2017) dated 16.07.2018.
[6]Institute of Companies Secretaries of India Vs. Paras Jain, Civil Appeal No. 5665/2014 dated 11.4.2019
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