Dated 26-03-2007

Name of the Complainant:
Sri Sukhen Das,
S/O. Sri Subrata Das Ward No.3, Bijni Town,
P.O. Bijni Dist- Chirang (BTAD), Assam. 783390

Name of the Public Authority:
Controller of Exam, Assam Higher Secondary Education Council
Chairman Assam Higher Sec Edn Council

The following were present:
Shri Dewan Ram Boro
Secretary, Assam Higher Secondary Education Council

Dr. Dharanidhar Goswami
Dy. Controller & SPIO, Assam Higher Secondary Edn. Council

Heard the Secretary, Assam Higher Secondary Education Council. The Secretary, AHSEC submits before the Commission that the Commission be pleased to review the order dated 7.1.07 passed in AIC Case No. 166/2006 by exempting it from providing the answer scripts in future. He submits that there are large number of answer scripts running at present to more than 19 lakhs for a total number of 3,18,368 candidates who appeared in both 15t year and final year of Higher Secondary Exams in 2006 which is going to increase in coming years. In case all the candidates apply for photocopies of the answer-scripts, it would involve huge volume of works in sorting out the answer-scripts and photocopying them and this will need a huge infrastructure which will be a heavy burden on the Council. Moreover, the Council preserves scripts only for four months after declaration of the results and thereafter dispose them off on the ground that piling up of the same will need large accommodation which the council does not have.

Decision of the Commission

The Commission has considered the matter though it is aware of the fact that there is no provision for appeal or revision against the order of the full Commission under the RTI Act, 2005. The Commission is of the view that no exemption can be made to the Assam Higher Secondary Education Council under the Act as under Section 2 (f) of the Act, the right to information means, amongst other things, taking certified copies of documents or records. Furnishing copy of the answer-scripts to the examinees in any public examination conducted by a public authority is not exempted as enumerated under Section 8 (1) of the Act.

Moreover, the apprehension of the Council that each and every one of the examinees will approach it for copies of the answer-scripts is far - fetched and unrealistic.

The Commission has already made its observation in the Appeal Case No. 166/2006 that the difficulties presented by the Council are matters of administrative concern which in no way stand to negate the right of the citizens to information. The Commission stands by its earlier decision. However, the Council may feel free to approach the Government of Assam for sorting out administrative difficulties.

Sd/- (R.S. Mooshahary)
Chief Information Commissioner, Assam
Janata Bhawan, Dispur.

Sd/-(Dr. B.K. Gohain)
State Information Commissioner, Assam
Janata Bhawan, Dispur.


Authenticated true copy

(Jiauddin Ahmed)
Secretary, State Information Commission, Assam
Janata Bhawan, Dispur.

CC:
1. Shri D R Boro, Secretary, Assam Higher Secondary Education Council, Guwahati.
2. Dr. Dharanidhar Goswami Dy. Controller & SPIO, Assam Higher Secondary Edn. Council, Guwahati.
3. Sri Sukhen Das, S/O. Sri Subrata Das, Ward No.3, Bijni Town, P.O. Bijni Dist - Chirang (BTAD), Assam. 783390.
4. MD, AMTRON, Bamunimaidan
5. Office file.


Secretary
State Information Commission, Assam