The Central Information Commission (CIC), recently held that the Institute of Chartered Accountants of India ( ICAI ) may provide the raw marks and scaling records obtained by a candidate during the examination, through RTI.
In the instant case, a candidate, Rajat Kumar Mehra, asked for the marks awarded against each of 200 questions attempted by him in Booklet code and his scaling records in the Information Systems Audit-Assessment Test (ISA-AT) examination held on 24.12.2016.
However, the CPIO denied the information stating that the marks based on the correct answers are awarded in the system only which also contains raw marks and scaling records of other candidates, hence, the information sought cannot be provided under Section 8(1)(j) of the RTI Act.
On second appeal, the appellant requested the Commission to direct the CPIO to provide the information sought for by him in his RTI application, to impose penalty upon the respondent, to take necessary action against the erring officials and to award him compensation.
The appellant submitted that he had only sought the actual marks secured by him against each of 200 questions and his scaling records and the institute is bound to provide the marks secured by him as per the Supreme Court’s judgment dated 04.02.2016 in Kerala Public Service Commission vs. State Information Commission & Anr
The respondent stated that the appellant has sought the marks awarded to him based on the answers given by him i.e. the ‘raw marks’ and his scaling records. The respondent stated that the marks based on the correct answer are awarded in the system only. Further, such marks are scaled by the system, based on the topper’s marks and the institute only maintains the scaled marks generated by the system. In view of this, the appellant was informed that the marks based on the correct answers are awarded in the system only which also contains raw marks and scaling records of other candidates, hence, the information sought cannot be provided under Section 8(1)(j) of the RTI Act.
The Commission, after hearing the submissions of both the parties and perusing the records, observed that the appellant has sought his raw marks and scaling records.
The Commission noted that the Hon’ble Supreme Court in its judgment dated 20.02.2018 in Union Public Service Commission vs Angesh Kumar [Civil Appeal No(s). 6159-6162 of 2013] has ruled as under: “(10) ….Furnishing raw marks will cause problems as pleaded by the UPSC as quoted above which will not be in public interest. However, if a case is made out where the Court finds that public interest requires furnishing of information, the Court is certainly entitled to so require in a given fact situation. If rules or practice so require, certainly such rule or practice can be enforced. In the present case, direction has been issued without considering these parameters.”
“However, the CPIO vide letter dated 28.07.2017 incorrectly denied the information under Section 8(1)(j) of the RTI Act stating that the answer sheet in the systems also contains the raw marks and scaling records of other candidates. The Commission, therefore, directs the CPIO to provide an appropriate response to the RTI application, keeping in view the provisions of the RTI Act and in the light of the above cited judgment, to the appellant within a period of four weeks from the date of receipt of a copy of this order under intimation to the Commission,” the CIC said.To Read the full text of the Order CLICK HERE