CIC/RM/A/2014/000014-SA. Case: Vijay Kumar Mishra Vs Central Board of Secondary Education, Patna. Central Information Commission
| Case Number | CIC/RM/A/2014/000014-SA |
| Counsel | For Respondents: Aravind, CPIO |
| Judges | M. Sridhar Acharyulu, Information Commissioner |
| Issue | Constitution of India - Articles 19, 19(1)(a), 19(2); Hindu Minority And Guardinship Act,1956 - Sections 4, 6, 8; Right To Information Act, 2005 - Sections 19(8), 8, 9 |
| Judgement Date | December 03, 2015 |
| Court | Central Information Commission |
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Decision: M. Sridhar Acharyulu, Information Commissioner 1. The appellant is not present for video conference at NIC Studio, Samastipur. The Public Authority represented by Mr. Aravind, CPIO, is present for video conference at NIC, Patna. FACTS: 2. The appellant, father of a student, is seeking copies of the answer sheets of his son for the subjects Maths and Science of 12th Class examination appeared in 2013 and the related matters. Claiming non-furnishing of information by the respondent authority, the appellant approached the Commission in second appeal after exhausting the first appeal with the respondent authority. PROCEEDINGS 3. The appellant is not present for video conference at Samastipur. The Public Authority made their submissions through video conference at Patna. The respondent officer submitted that the request for the supply of evaluated answer sheets was made, not by the candidate, who appeared in the examination, but by his father, i.e. the appellant, as the rules framed by the CBSE vide its Notification dated 17-6-2013 mandates the candidate should to make application. Moreover, the last date for the receipt of requests through online for the supply of evaluated answer sheets was 3-7-2013, and the RTI request, made by the candidate's father/appellant was 12-8-2013. Accordingly, the CPIO by his letter dated 6-9-2013 intimated to the appellant within the prescribed period. On his first appeal, the FAA had stated in his order, that they can supply the copies of the answer sheets under the definition "Information" of the RTI Act, only to the candidates/examinees, after verifying their signature on the RTI application, which should tally with the signature signed by the candidate on the admit card. But in this case, this question does not arise, as it is the father of the candidate whose signature is appearing on the RTI application. Hence the FAA had not allowed the appeal of the appellant, as he is not the candidate in this examination. The CPIO has also quoted some of the CBSE rules enshrined in the relevant notification dated 17-6-2013: "I. Requests/applications for supply of answer sheets should be made only through online within 10 days from the date of declaration of the result. II. After downloading the hardcopy of the printout of the request/confirmation page, from the website, the candidate should get the same reached to the CBSE office, before the specified date, along with the fee and other prescribed enclosures. III. Among the documents to be enclosed along with the application, there is an undertaking from the... |
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