Moneylife: Pune: Friday, June 30, 2017.
I regularly
receive emails seeking advice on filing RTI for procuring copies of answer
sheets. Recently, a student wrote, “I am a student of Guwahati University,
Assam. I am doing 5 years B.A. L.L.B. Hons. and I am in the 10th semester, that
is the final semester.
“The problem
is that many of my friends failed in one paper of 9th semester, which is
astonishing because they are really good in studies and they believe that they
should have passed in that subject. But in the written exam they got 16-17 only
out of 80 marks. So they want to re-evaluate the copies. But they have applied
for universities of other states. So they are afraid that it will cost them one
year as the result of re-evaluation is not given early. So they want to file
RTI also.
“Therefore, I
want to ask you whether we can file RTI and apply for revaluation at the same
time. And can you please tell me the procedure for filing it.”
In another
mail, a student who had appeared for the civil services examination, wrote, “I
had filed an RTI before UPSC seeking certified copy of skill test examination
and separate merit lists of all skill test and interview in respect of all
candidates. I know they will claim exemption u/s 8 & 9. Can you please give
me some Supreme Court, High Court and CIC judgments.’’
Earlier, I
had received mails from stressed CBSE students as they had to cough up Rs1000
per answer sheet Rs700 for revaluation
and Rs300 for RTI application. However, thanks to young student activists who
sought legal intervention, students appearing for all school board
examinations, college examinations, public services and any other competitive
examination have every right to ask for answer sheets under RTI and the
relevant public authorities are bound by the RTI law to provide them the answer
sheets.
Several
universities like Delhi University and Savitribai Phule Pune University, were
also charging exorbitant fees and putting difficult terms and conditions for
providing copies of answer sheets. In Pune, RTI activist Vivek Velankar filed
a complaint with the CIC, which ordered
Pune University to abide by the Supreme Court ruling. Also, heads of
educational institutions take cover under `fiduciary’ relationship – trust
between an educational institution and the student and hence such information
is not public information. The Supreme Court has rejected this excuse.
So, what
should the students do?
Not every
State has a format for RTI application. If your State has one, then file it as
per the format. This is for the State Board examinations. In case of centrally
held public examinations, there is no particular format. However, the following
format procured from www.rti.org seems ideal. It is as follows:
· Central Public Information Officer, O/o Registrar of
University, [Name of the University] [Full Address]
· Subject: Information under Right to Information Act 2005
· Dated: [Enter the Date of RTI Application]
· Dear Sir,
· Kindly furnish certified copies of my answer-sheets, the
details of which are as under:
·
1. Name of the candidate: [Enter Your Name]
·
2. Roll Number : [Enter the Roll Number]
·
3. Name of Exam : [Write the name of the examination, say
B.Sc 2nd year]
·
4. Date of Exam : [Date of the Examination]
·
5. Name of the Subject: [Give the names of the subjects
for which you want the copies]
·
6. Exam Centre: [Exam centre location]
·
7. Subject Code: [Write the Subject Code of Exam]
·
8. Centre Code: [Write the Centre code as available in
hall ticket]
· [If you are attaching the copy of the hall ticket, and
write, that you are attaching the copy of the hall ticket]
· I am attaching the prescribed fees of Rs [Write the fee
amount deposited. Check from the University website for the correct RTI
Fees] paid through [Write the Mode of
Payment Cash /Cheque/Postal Order etc.] dated [Write the date of the
examination].
With
Regards,
· [Your name]
· [Date of writing RTI Application]
· [Full Postal Address along with email & Telephone
number]
So, here’s
why students should not be afraid to ask for answer sheets under RTI Act:
1. Supreme
Court Order of 2011: In a landmark judgment, the Supreme Court allowed the
disclosure of the answer-sheets under Right to Information (RTI) Act to the
examinee. The bench dismissed the petitions filed by different public
authorities and affirmed the judgment of the Calcutta High Court allowing the
disclosure of answer-sheets. The case was filed by Central Board of Secondary
Education, West Bengal Board of Secondary Education, West Bengal Council for
Higher Education, University of Calcutta, Institute of Chartered Accountants of
India, West Bengal Central School Service Commission and Assam Public Service
Commission challenging the common order and judgment passed by division bench
of the Calcutta High Court.
2. Law
students file contempt of court against CBSE for defying Supreme Court order: Despite the
Supreme Court order, CBSE continued to stonewall students in gross violation.
This led a group of law students, Whistle for Public Interest, to file a
contempt of court case, after they used RTI and discovered that CBSE accepts no
application under RTI for obtaining the copy of evaluated answer-sheets. The
Supreme Court, in the contempt petition, ordered that CBSE should not only
ensure that students get access to their answer-sheets under RTI but it should
also help students learn and use RTI as a tool in the matters involving public
authorities. This would help them become responsible citizens.
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