Students have right to inspect answer-sheets under RTI: SC

Updated on: Saturday, August 13, 2011

The examinees have a right to inspect answer-sheets under the transparency law, the Supreme Court ruled.

The evaluated answer-sheets are covered under the definition of the "information" under the Right to Information Act, a bench comprising Justices R V Raveendran and A K Patnaik said.

It upheld the judgement of the Calcutta High Court which had said "rejection for inspection of answer-sheets cannot be sustained".

The apex court dismissed the appeals of Central Board of Secondary Education CBSE), West Bengal Board of Secondary Education, West Bengal Council for Higher Education, University of Calcutta, Institute of Chartered Accountants of India and West Bengal Central School Service Commission which had challenged the February 5, 2009 judgement.

The apex court agreed with the findings of the High Court that the examination conducting bodies do not retain the evaluated answer-sheets under any "fiduciary capacity".

The Assam Public Service Commission and Bihar Public Service Commission had also joined in and opposed the disclosure of answer-sheets to examinees.

The apex court rejected the contention that disclosure of answer-sheets and allowing the inspection would lead to the collapse of entire system.

It agreed with the findings of the pision bench of the High Court which had said "we have little hesitation in holding that an assessed/evaluated answer script of an examinee writing a public examination conducted by public bodies like WBBSE, CBSE or Universities, which are created by statutes, does come within the purview of 'information' as defined in the RTI Act".

The High Court had also held that there was no merit in the submission that giving the examinees access to their answer scripts would not serve any public interest.

"Disclosure of assessed/evaluated answer scripts would definitely be conducive to improvement of quality of assessment/evaluation. Examiners appointed by WBBSE or the University are not their employees. They are beyond the disciplinary control of the public authorities.

"If there be any incident warranting penal action, it is open to the public authority not to engage the errant examiner again but their accountability to the respective public body in case of improper or unfair or negligent marking or provision for disciplining them has not been shown," the High Court had said.

It had also noted that without demeaning the examiners at all, it may be observed that if an examiner's action is made the subject of public scrutiny it might ensure assessments that are fairer, more reasonable and absolutely free from arbitrariness and defects.

"Every person discharging public functions must be accountable to the people and there is no reason why the examiners, who also discharge public duty, should not be made so accountable. This would indeed be a big step towards making all concerned associated with the examination process accountable to the examinees as well as the public authority," the High Court had said.

Students have right to inspect answer-sheets under RTI: SC

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