Friday, August 26, 2011

SC grants right to see answerscripts.

Calcutta Telegraph:Pankaj Sarma:Friday , August 26 , 2011.
Guwahati, Aug. 25: The Assam Public Service Commission (APSC) will have to show evaluated answerscripts to examinees if they apply for it under the Right to Information (RTI) Act.
An official source in the APSC said the commission was left with no other option as the apex court has upheld a 2009 Gauhati High Court order directing it to allow inspection of answerscripts by candidates.
The Supreme Court has ruled that the evaluated answersheets are covered under the definition of the “information” under the RTI Act.
The public service commission, which has been mired in controversy over alleged anomalies and manipulation during evaluation of answerscripts, had tried everything to prevent the order but nothing worked in its favour.
The APSC had expressed fears that this would open a floodgate of demands from dissatisfied candidates and allowing the inspection of evaluated answerscripts would lead to the collapse of the entire system.
The commission is of the view that if it was required to allow inspection of answerscripts or provide certified copies, it would interfere with its effective and efficient functioning, and would require additional staff and infrastructure.
According to a source, the Supreme Court passed the order on August 9, upholding the high court verdict directing the APSC to permit examinees to inspect their answersheets.
Gauhati High Court had passed the order on November 6, 2009, directing the APSC to furnish photocopies of answerscripts, ruling in favour of six candidates who had failed to clear the test.
The examinees had moved the court seeking a directive to the commission which had denied them photocopies of the answerscripts they had sought under the RTI Act.
The six had applied for answerscripts of the papers in which they were shown to have secured very low marks which they felt was the result of manipulation and foul play by the APSC during evaluation.
The petitioners had appeared in the Combined Competitive Examination, 2006, held by the APSC for recruitment to vacant posts in the Assam Civil Service, Class-I (junior grade) and allied services.
They had first approached the State Information Commission, Assam, which passed an order on July 3, 2009, asking the APSC to provide them with photocopies of the answerscripts.
The then State Information Commissioner, B.K. Gohain, had also laid down that the order would be applicable to all such cases where public examinations are conducted by the APSC or any other authority for selection of candidates for any posts and also in the case of the High School Leaving Certificate, the Higher Secondary School Leaving Certificate (HSSLC) and university examinations.
The candidates were forced to move the high court when the APSC refused to abide by the State Information Commission order.