Moneylife: Mizoram: Friday, April
29, 2016.
The Board of
School Education Aizawl denied information under RTI for a student’s answer
sheet and insisted on Rs500 as fees. But CIC of the Mizoram Information
Commission set it aside helping the cause of millions of students.
The issue of
providing answer sheets to students under RTI Act, has been made loud and clear
by a Supreme Court order and various High Court (some ongoing) and Central
Information Commission (CIC) orders. Despite that, denial or demanding of
exorbitant fees, by Public Information Officers (PIOs) and Appellate
Authorities of various school boards and universities, compels applicants to
file second appeals. It also results in harassment of students who are poised
at the crucial crossroad of their academic life.
Here is one
such recent case of the North-East, which needs to be hailed. The CIC decision
of 8th February, 2016, overruled the school board’s insistence on providing
answer sheets at Rs500 per subject and ordered it to provide it at Re1 per
page, as per an amendment made by Mizoram’s state government under the RTI Act.
Miss R
Lalhriatpuii, daughter of Malsawmkimi (RTI applicant) appeared for the High
School Leaving Certificate (HSLC) Examination, 20l4-20l5, which was conducted
by the Mizoram Board of School Education (MBSE). When Lalhriatpuii got her mark
sheet, she was disappointed with her marks. She believed she fared very well in
most of her subjects.
Her mother
submitted an RTI Application dated 14th May, 2015 to the State Public
Information Officer (SPIO), MBSE, Mizoram Aizawl. She requested copies of
answer sheets of all the subjects - Mizo, English, Social Science, Science,
Mathematics and, Information Technology.
The School
Board insisted that it is ready to provide the required information only as per
its MBSE bye-laws, by payment of the requisite fee of Rs500 per subject’s
answer sheet. Thus, the PIO and the AA of the Mizoram School Board of Education
denied her copies of answer sheets under RTI. However, the student’s mother
insisted that she had sought this information under RTI Act at the rate of Rs2
per page as prescribed for documents under the RTI Act and RTI Rules (She was
not aware of the amendment in which she would have to pay Re1 per page). The
student’s mother was thus forced to file second appeal with the CIC,
challenging the exorbitant fees charged by the school board and for not
furnishing information under RTI rules. She appealed to the CIC to direct MBSE
to provide her copies of the answer sheets as per the rates prescribed under
the Mizoram RlI Rules, Rs2/- per page (A-4 size); to impose penalty against the
erring officials of the MBSE as provided under the RTI Act, 2005.
The CIC
hearing was conducted by CIC Mr Lal Dineliana and the Information Commissioner
(IC) Mr L Hranenawna. The School Board representative argued that: “MBSE was
willing to furnish the evaluated answer-scripts, however, if the answer-scripts
are disclosed liberally as desired by the appellant under the RTI Act, then it
would adversely affect the functioning of MBSE. He further, mentioned that the
disclosure should be under the bye-laws of MBSE, which was also in line with
the practices of several other Boards of different States, therefore, in the
larger public interest, it deserves to be exempted from disclosure under the
RTI Act.”
During the
second appeal hearing, the student’s mother stated that she had asked for
copies of answer sheets of all subjects in which her daughter had appeared in
the HSLC Examination 20l4-2015, under RTI Act and she had nothing more to say
in this matter, over and above her written complaint to CIC. The CIC informed
her that the revised rates for procuring copies of answer sheets is Re1 per
page.
The Mizoram
Information Commission, while considering the second appeal of Mrs Malsawmkimi
Vs Mizoram Board of School Education (MBSE) carefully examined several RTI and
writ petition cases concerning furnishing of certified copies of answer-sheets
to students which were dealt, on-going and stayed in the Central Information
Commission; in High Courts of different States and in the apex Supreme Court of
India.
The CIC order
states, “this Commission agrees with the most recent decision of the Central
Information Commission, dated 15th January 2016 that answer sheets of students
can be furnished under the provisions of RTI Act 2005 and RTI rules and
examining bodies can only charge the rate fixed as per RTI Rules.
“Accordingly
MBSE is directed to furnish the answer-sheets of Miss R Lalhriatpuii to her
mother, Mrs Malsawmkimi (the appellant) within 15 days of the receipt of this
order under intimation to Mizoram Information Commission (MIC) at the rate of
Rupee One (1) for each page (in A-4 or A-3 size paper) created or copied, as
per Rule 4(a) of The Mizoram RTI Rules.”
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