5464 - compensation of Rs. 10,000

State CIC cracks the whip on Bharathiyar University

07-07-2016

The Tamil Nadu State Information Commission has directed Bharathiyar University, Coimbatore, to pay a compensation of Rs. 10,000 to a candidate who was denied a copy of his answer scripts.

The varsity had claimed that the candidate’s answer scripts were “dumped” along with 10 lakh answer scripts and could not be traced. Pointing out that the petitioner had suffered detriment due to the failure of the university to furnish information, State Chief Information Commissioner K. Ramanujam ordered a compensation of Rs. 10,000. He told the authorities to search the 10 lakh answer scripts that were “dumped” and find his papers.

The case relates to Jayesh Shankar Desai of Mumbai who had sought certified copies of his answer script, model answer script and guide provided to evaluators in respect of four subjects in which he appeared for the examination in June/July 2015. The Public Information Officer replied that the answer script and details of evaluation could not be furnished.

When the petitioned moved the State Information Commission, the PIO said answer scripts were kept only for one year after which they would be disposed of through auction. In the present case, all answer scripts totalling about 10 lakh papers were “dumped” due to paucity of space and it would be very difficult to trace out a particular paper. Regarding the model answer script, it was stated that details about evaluation were confidential and could not be shared.

Mr. Ramanujam said there was no legitimate reason to deny the model answer sheets and guidelines given to evaluators. The PIO should furnish them to the petitioner. “The stand that there is no provision to provide answer scripts is incorrect. Even if there is a bar in the Rules/Regulations of the University, it will be violative of Section 22 of the RTI Act…” The Controller of Examinations was directed to take measures to search 10 lakh answer scripts “dumped” and try to trace the answer script of the petitioner. If they are not traceable, the authorities should file an affidavit regarding the steps taken to trace the papers and the reasons for not being able to locate them.

The Registrar of the university has also been asked to take steps to ensure that the answer scripts are kept stored in an organised manner so that they could be easily retrieved when required.