Provision 2(f) of the RTI Act, 2005 defines ‘information’ as a piece of data existing or obtainable in whichever form comprising reports in written or pictographic format, memorandums, electronic messages, directions, instructions, perspective or opinions, newspapers, flyers, advertisements, logbook, contract, judgments, replica and copies, facts of details of a private body accessible by such public authorities governed by an enforceable law at that time.
The court while deciding the case Central Board of Secondary Education & Anr v. Aditya Bandopadhyay & Ors. ruled out that an answer script for a student appearing for a public examination supervised by an authoritative body such as CBSE that has been assessed falls within the preview of information under 2(f) of the RTI Act, 2005 . And thus the student has the right to obtain information of his answer script under section 3 of the said Act.
The Act was enforced to promote clarity and liability. Section 3, section2 (f) and section 2(j) of the Act makes it clear that the public can acquire and have every information that exists and is obtainable other than the exceptions provided under section 8 of the Act. In case the data sought was not recorded by any authoritative body then the Act cannot impose such obligations of that body to accumulate nonexistent information. Now if an evaluated answer sheet of an examinee was subjected to section 8(1) (e) of the Act as pointed out in the above mentioned case. The court took the reference citing the case of Bihar School Examination vs. Suresh Prashad Sinha to explain that there cannot be any fiduciary relationship between the student and the Board as the student is no consumer availing services from the board but a participant paying fee for the examination to know his competency of qualifications in the educational course he completed. Not only that the Court further explains that disclosure of facts with respect to fiduciary relationship is exempted to a third party and the recipient themselves.
During the dismissal of the writ petition lodged by Tamil Nadu Dr. Ambedkar Law University Justice S.M. Subramaniam ruled that examinees are to be provided with alternatives to receive a copy of their answer sheets either by following the rules constructed by their institutions or through RTI Act. These scholars might have to pay an elevated amount to institutes when opting the former method but they have the option to opt for the later and reduce the cost to minimal while obtaining information of their answer scripts. He also stated that an authoritative body conducting examination doesn’t fall under the classifications of Intelligence or Security Organizations. Thus exceptions provisioned in section 24 of the 2005 Act shall not be applicable; neither will section 9 related with infringement and copyright issues involving the answer scripts.
This Act ensures that students even if minor can opt to view their copy of answer sheet through their guardians who are allowed to file an application on their behalf. This application is to be submitted to the PIO (Public Information Officers) or APIO(Assistant Public Information Officers). In the situation wherein their names and addresses aren’t available in the website one can send it to any public authority or PIO of the concerned University. That person shall be obligated to transfer it to the appropriate division and inform the same to the sender within 5 days of receiving the application. The application need not be any longer than 500 words and the languages can be English or that of the concerned state and should be submitted along with the payment. One can also apply online through the government portal (https://rtionlinr.gov.in/login.php) and mail at support@onlinerti.com for queries and assistance.
Fee-
As per the rules of the RTI Act 2005 the petitioner or person who seeks information is granted to pay justifiably and currently the order states the amount of INR 10/- for data from CPIO. However this may differ in some states of the Country, the states may charge more or even less, at present it costs INR 20/- in majority of the states to ask for information from the SPIO. The CPIO or SPIO may proclaim compensatory fee for issuing of information to the applicant who is sanctioned to reconsider or reassess if he finds such an amount unreasonable.
The rules of RTI Act 2012 confirms that such payment can be made via cash, demand draft, cheque, postal order, internet banking. In case the applicant is a person below poverty line he need not make any payments but it is necessary that he provides his BPL certificate for verification. An application without the payment and with absence of BPL certificate cannot be considered as an RTI application, though the PIO has the discretion to issue the requested information out of sympathy. If the PIO fails to provide information within the stipulated time limit of 30days then the recipient shall receive the information free of cost.
The Public authority is obligated to provide information after the application is made following the manner mentioned in the Act. Disciplinary Action shall be taken against him or her in the event he fails to do so within the specified time or maliciously rejects or provides false information to the beneficiary.
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