can we see the copy of others after exam under rti

student

can under RTI act we  see the answer sheet of other candidates who have succeeded in competitive exam. because there is always a chance that the candidates who have mentioned in the successful candidates list ,have not really beat the competition and have managed to get their name in the list.what RTI ACT say about this. is answer sheet of the others candidates become public documents after completion of selection process?is there any precedent available ?

in some competitive exam question paper is also taken back by the authority. can we also see that question paper under RTI in respect of above questions. 

regards 

puneet saxena

 
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practicing advocate

No you cannot see the other candidates answer sheets, they are not public documents.


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student

if not then how can anyone check that the persons who have been selected on the basis of marks in competitive exam have really gotten the said marks? can  we get the copy of question paper that has been taken back by the authority after exam?

 
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Advocate

Though it is public document, the consent of the candidate is necessary since it pertains to third party information..


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student

is there any other way to check that right candidates have been selected and they have not been awarded more marks then he actually got?

 
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Legal consultant

No, not atleast under RTI Act 2005. Third party consent is a must under the RTI Act 2005. The third party has to be served with a notice and if he gives his consent then there is no hurdle but in case of his objection there is no way out for you.


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student

 

thanks to all of you

on 12 of june 2010 ,an entrance exam was conducted for the selection of trainees "BASIC HEALTH WORKER" by FAMILY WELFARE DEPARTMENT OF Uttar Pradesh.i also took part in this exam.there is a lot of rumors that 3 lac to 4 lac is being asked to get the name in the successful candidates list.i know one person who has given Rs 3 lac to get his name in the list.if he gets selected that's mean it is right that many candidates must have been selected by corrupt mean.because that person is my relative so i cannot disclose his name or use his name as instance for showing corrupt practice if i go against the selection process. result is yet to be declared and it is likely to be announced in end of june 2010.what legal option i have? or there is no way in our legal system to deal with these types of corrupt practices ?  all of you already mentioned that RTI ACT cannot help here.

regards

 
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Legal consultant

Well, if you have strong evidence to substantiate what you have written tnen the remedy lies in Writ Petition. You may go to the high Court and file the writ  for appropriate relief. You can also move before the Vigilance Commission of the State for investigation.But let the cause of action arise. On presumption you can not do any thing.

 
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UNEMPLOYED

what mr puneet tries to indicate (says) may have deeper meaning.

we are unfortunate to ensure justice for our forthcoming generation.

 
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student

 

answer sheet of other's candidates may look a third party documents if we see superficially but it is not altogether third party document because the outcome of their answer sheet is affecting others in competitive exam.besides if  the marks obtained by successful candidates have already been made public so there answer sheet does not contain anything that can affect their privacy specially where the exam is of objective type .where there is no question of writing style or special method to give answer of questions.

because one candidate's selection depends on others candidates marks in competitive exam .their answer sheet cannot be said the third party document.this case cannot be compared with academic exam where one candidates marks are not affecting others.

please give counter arguments and define the third party document.

regards

 
 
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