Examination Copies cannot be denied on grounds of Delhi High Court Stay
The CPIO stretched High
Court Stay and Supreme Court judgement to justify denial of answer sheet. There
is considerable difference in the context in the case of denial of Examination
Copies and that of the stay order (supra) of the Hon’ble Delhi High Court . The
stay was granted on the primary objection of the petitioner (Union of India)
that the answer scripts ordered to be disclosed had been already weeded out as
per relevant policy.
The
commission recorded that “In
the circumstances, Commission fails to appreciate the contention of the CPIO,
as to how the said stay order is being stretched to justify denial of answer
sheet in the present case.”
Similarly,
the claim that Aditya Bandhopadhyay case applies for answer scripts of
qualifying exams was unsubstantiated by the
commission. The said precedent does not anywhere differentiate between a
qualifying exam and a promotion exam. The basic rationale of the judgement of
Hon’ble Supreme Court in the said case is reproduced as under
“…Resultantly,
unless the examining bodies are able to demonstrate that the evaluated
answer-books fall under any of the categories of exempted ‘information’
enumerated in clauses (a) to (j) of sub-section (1) section 8, they will be
bound to provide access to the information and any applicant can either inspect
the document/record, take notes, extracts or obtain certified copies thereof…”
Examination Copies
The Appellant
had stated that he is aggrieved with the reply of the CPIO and in general his
failure in Promotion Exam despite having an exemplary ACR to his credit and
having spent financially and mentally on the preparation of this exam.
The
commission recorded that :
“the exemption of Section 8(1)(a) brought out at the hearing stage of the
Appeal can only be considered for denial of information. However, the arguments
of the Respondents for invoking Section 8(1)(a) is also untenable and rather it
appears laboured.”
Regards
Pralhad
Jadhav
Senior Manager @
Knowledge Repository
Khaitan
& Co
Upcoming Conference | National Conference on Transforming Libraries into
Knowledge Resource Centres 11th – 12th January 2018, SNDT Mumbai For further
details contact Prof Jyoti Bhabal (jyotibhabal@gmail.com )
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