Students can access answer scripts under RTI Act

Kosha Doshi | Symbiosis Law School, Pune | 27th March 2020

CBSE v Aditya Bandyopadhyay [(2011) 8 SCC 497; Supreme Court]

Facts:

            Aditya Bandyopadhyay appeared in the CBSE examination. In spite of performing well in the examination, he got a low result and therefore applied to the CBSE for permission of his request of revaluation and inspection of his answer sheets. The following request made by Aditya Bandyopadhyay to the CBSE was rejected. After the rejection, Aditya Bandyopadhyay filed a writ petiton before the Calcutta High Court which accepted his petition of inspection only and not of revaluation. Aditya Bandyopadhyay challenged the following verdict, by bringing an appeal before the Supreme Court. 

Issue:

            Whether a party is eligible to access his answer book for the purpose of revaluation and inspection under the Right to Information Act?

            Whether an examinee’s right to information act includes the right to inspect his evaluated answer books in a public examination or taking certified copies thereof?

Whether an examining body holds the evaluated answer books in a ‘fiduciary relationship’ and consequently has no obligation to give an inspection of the evaluated answer books under Section 8(1)(e) of RTI Act?

Judgment:

            The case was heard by a bench comprising of Justice RV Raveendran and Justice AK Patnaik who gave the judgment on 9^th of August, 2011. The court held that the examinee has right to access those scripts provided that the request is made during a reasonable time in which authorities are expected to retain the answer scripts. In accordance with law, the answer sheets of a student are a document or record which falls under the exemption provided under (a) to (j) of Section 8(1) of RTI Act. Thus, it was held that answer sheets fall under the RTI Act. 

            As for the fiduciary relationship determination, answer book written by a candidate is submitted to CBSE just to know them what he or she has written in an examination and evaluate them according to their performance. Thus, CBSE is not holding any information in a fiduciary relationship and accordingly, it has no exemption under S. 8(1)(e).

            Since both aspects were proved and decided upon, rights available under RTI Act is only with regard to information existing and information which required to be maintained. Where the time limit beyond which authorities are not required to maintain information, RTI Act will not be applicable. The right to information doesn’t extend beyond the period examiner is expected to retain the answer book. Here the answer book is required to be maintained for the period of three months and the right to information can only claim during this period. Beyond that right also elapsed along with the time. Therefore, the court held that students can access answer scripts under RTI Act.