The Central Information Commission, (CIC), in a landmark order, has directed The Institute of Chartered Accountants of India (ICAI) to provide a copy of the evaluated answersheet to Vikita V Soni, a candidate who had appeared for the final CA examination.
In its order, the commission said that an examinee had the right to access the evaluated answersheets for "self-assessing her performance''
Though the query was filed in January this year, the public information officer of ICAI rejected the query stating, "According to the rules and regulations formulated by the institute, this query does not come under the ambit of the RTI act.''
Soni then filed an appeal, which was also rejected. She then approached the CIC When the hearing came up before the commission on July 13, it noted, "The query was rejected without indicating the provisions of the RTI act under which exemption from disclosure of answersheets have been made."
In his order, central information commissioner M M Ansari said that the appellant had asked for a copy of her own evaluated answersheet. "An examinee has the right to access her performance. In view of this, there is no justification for denial of the requested information," the CIC orders said.
"I, therefore, direct the ICAI to furnish the requested information within 15 working days from the date of issue of the decision, failing which penalty u/s 20(1) of the Act would be imposed," Ansari said.
The public information officer of ICAI had rejected the query, which was filed in January, stating that "As per the institute rules, this query does not come under RTI realm."
Central Information Commission 2nd Floor, August Kranti Bhawan, Bhikaji Cama Place, New Delhi – 110 066 Website: www.cic.gov.in Decision No.4167/IC(A)/2009 F. No.CIC/MA/A/2009/000474 Dated, the 13th July, 2009
Name of the Appellant: Ms. Vikita Vishanji Soni
Name of the Public Authority: The Institute of Chartered Accountants of India
Facts:
1. The appellant was heard on 13/7/2009 through a representative.
2. The appellant has asked for a copy of the evaluated answer sheets in respect of a final examination, in which she appeared.
3. The CPIO and the Appellate Authority have replied but refused to provide the requested information, without indicating the provisions of the RTI Act under which exemption from disclosure of answer sheets has been claimed by the respondent.
4. During the hearing, the appellant cited a few decisions of this Commission, whereby the disclosure of evaluated answer sheets has been allowed. He also presented a news report, which confirmed that a Commission’s decision challenged by the respondent before the High Court of Delhi in an identical case of disclosure of answer sheets has been upheld.
Decision:
5. The appellant has asked for a copy of her own evaluated answer sheet. The CPIO and the Appellate Authority have not indicated the provisions under which they have claimed exemption from disclosure of the information. An examinee has the right to access the evaluated answer sheets so as to make self assessment of her performance. In view of this, there is no justification for denial of the requested information. The CPIO is, therefore, directed to furnish the requested information within 15 working days from the date of issue of this decision, failing which penalty u/s 20(1) of the Act would be imposed.
6. The appeal is thus disposed of. Sd/- (Prof. M.M. Ansari)
Central Information Commissionerii Authenticated true copy: (M.C. Sharma) Assistant Registrar Name & address of Parties: 1. Ms. Vikita Vishanji Soni, C/o Mr. Anant M. Nandu Room No.24, 2nd floor, 20/22, Khemraj Bldg. No.5, Khambatta Lane, Mumbai – 400 001. 2. Shri. V. Sagar, CPIO, The Institute of Chartered Accountants of India, ICAI Bhawan, P.B. No.7100, Indraprastha Marg, New Delhi – 110 002. 3. Shri. N.P. Singh, Appellate Authority, The Institute of Chartered Accountants of India, ICAI Bhawan, P.B. No.7100, Indraprastha Marg, New Delhi – 110 002.
as reported in the HINDU Monday, May 18, 2009
New Delhi (PTI)
The Delhi High Court on Monday stayed its order directing Institute of Chartered Accountants of India (ICAI) to provide certified copy of answersheet to its students under the Right to Information Act.
A Division Bench of Chief Justice A P Shah and Justice N K Kaul stayed the operation of the order passed by a single judge bench on April 30.
Senior Advocate Soli Sorabjee, appearing for the Institute, contended that students have no right to seek disclosure of their answer sheet and it does not come under the purview of the RTI Act.
The single bench had directed the Institute to provide a copy of the answersheet to its students under the RTI Act saying it could not be excluded from the purview of the Right to Information Act and examination authority cannot deny answersheet to students.
Observing that the Act confers positive power to a citizen which should not be hindered by authorities, the court dismissed the plea of the Institute of Chartered Accountants of India challenging the CIC's order to provide a certified copy of the answer sheet to a student who could not clear the exam
now what?
wht is recent developement in that case.
CAclubindia
