cpc

criminal law


Sir  can  any  ex -student  demand their  answer key  of their last  year under RTI  law from  their  govt. college ?

 

 

 

 

 
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Retired employee.

Under RTI, if there is a record available in physical form that has to be provided.   Every public authority must have a stipulated period of retention of such records.  If last year's answer key is available, you may seek such information.  Normally the University makes the answer sheet copies available for a stipulated time after the announcement of result and they've their own fee structure.  Please find out these laid down norms from the website of the University.

Please remember there are no restrictions in seeking information from public authorities under the RTI Act.  Any citizen can seek such information without stating any reason and there is no bar in receiving the application.

Public Information officer is having the obligation either to provide the information or deny information stating such applicable exemption under Sec.8 (1).  Simple denying information stating such clause is not proper, PIO has to justify as to how such a clause specifically applies to that information solicited.

So if you are sure that the record is available in physical form, make an application with RTI fee of Rs.10/- and if it is denied you can still appeal to FAA with valid grounds.

 

Application dt.14th Jun,2020 seeking information under RTI Act

Before: State Public Information Officer, ....................University.......................

Fee: Rs.10/- postal order  No.  fvg Accounts officer.............University payable at.....

Applicant: 

The subject on the information sought for:   Answer key for.............Year examination of..............course..............conducted in......................month/year..... Name of the candidate.............................Registration No............................Center..........................student of.........................College.

1. Please provide me a copy of Answer key for................................(subject)

2.If the record was destroyed and not available in physical form, please provide such a record that states the destruction date of such answer keys as available in the record..

 

Applicant.

 

 


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Advocate

What are the facts? What is the context?

 
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Lawyer

Yes, you can demand it u/s 6  if the same is not exempted u/s 8(1)(e)  of the RTI Act, 2005.

Generally keys are preserved for 3 months, check with the concerned institution/ college..

 
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Retired employee.

With due respects, I am providing the exemption Sec.8 (1) (e)

"Information available to a person in his fiduciary relationship unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information"

While soliciting his own answer sheet, there is no question of such a fiduciary relationship as known to me.

As wrongly assumed information should be provided only in the larger public interest is not correct.

Larger Public interest overrules all exemptions, and if there is larger public interest information must be provided without exemption.

The full bench of CIC has ruled that denying information with reason there is no larger public interest is improper and amounts to deliberately malafide denial.

As per the Supreme Court Judgments, any student can apply and seek a copy of his answer sheet if it is available.  Again collecting fees as per prescribed university rules or under RTI (Rs.2/- per copy) is still a dispute.  So, universities charge the prescribed fee that was existing prior to the enactment of RTI.

 

 
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