PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION
Case No. 78/2007
Dated 07-05-2007
Name of the Complainant:
Miss Swati Sarkar
Name of the Public Authority:
Secretary, AHSEC, Bamunimaidam , Guwahati.
The following were present:
1. Dr. D.D. Goswami, SPIO, AHSEC
2. Shri Sarat Ch. Gohain Asstt. Secy, AHSEC
3. Shri S.M. Sarkar, Advocate
4. Shri Alok Sengupta
The complainant was represented by Shri S.M. Sarkar and Shri Alok Sengupta. The SPIO of
Assam Higher Secondary Education Council as well as the Asstt. Secretary of the Council
present on behalf of the public authority.
Brief of the case
On 19.3.07 a complaint was received from Miss Swati Sarkar by the State Chief Information
Commissioner stating that she requested the AHSEC on 24.11.06 for obtaining photocopies of
the answer scripts of the subjects (1) English (2) Bengali (MIL) (3) Physics (4) Chemistry
(5) Biology (6) Mathematics and (7) Physics (practical). But the Council informed vide their
letter dtd. 6.12.06 that it was not possible for the Council to provide answer scripts for
copies as they are very confidential documents not permitted to be provided to anyone except
under the order of the Court of Law. He also informed that answer scripts are kept for a
limited period of time after declaration of result and disposed of. On being aggrieved by
the orders of the Council, the petitioner sent an appeal dt.13.1.07 by registered post to
the Controlling Officer of the Council but no information/decision was received by her on
her appeal.
Hence this complaint case.
Submission of the parties
Shri S.M. Sarkar representing the complainant submitted before the Commission that the
complainant appeared in the H.S. Science Examination in 2006 where she got very poor
marks and not being satisfied with the result declared by the Assam Higher Secondary
Education Council and re-examination thereon, she requested the Council for personal
inspection of her answer scripts on 30.6.06. But the Controller of the Examination
refused permission for personal inspection. So she took recourse to the provision
of the RTI Act by applying before the Public Information Officer of the Council.
She got the reply from the Council about their inability to provide with photocopies
of the answer scripts of English, Bengali (MIL), Physics, Chemistry, Biology,
Mathematics and Physics(practical) on grounds of the answer scripts being
confidential documents. Thereafter, she applied before the controlling officer
of the AHSEC on 13.1.07 but no reply has yet been received from the Controlling
Officer of the AHSEC on her appeal.
The SPIO of AHSEC submitted before the Commission that her first application under the RTI
Act was received by the office on 28.11.06 and a reply was sent on 6.12.06 rejecting her
petition. He also submitted before the Commission that he had shown some newspaper reports
staying the orders of the Central Information Commission regarding furnishing copies of the
answer scripts of candidates. He acknowledged that in the case No. 176/06, the Commission
gave a clear cut order directing the Council to furnish copies of the answer scripts of
the candidates and subsequently the Commission when approached by the AHSEC Authorities
for reviewing the order dt, 9.1.07 reiterated the same. The SPIO stated that the appeal
petition appears not to have been received by the Council. Hence, the Chairman, AHSEC
who is the Appellate Authority in the council under the RTI Act was not aware of the
appeal petition. The SPIO, however, made it clear that the answer scripts were ready
and copies thereof could be furnished immediately.
Decision of the Commission
The Commission perused the records shown by the representative of the complainant as
well as heard the SPIO and the Asstt. Secretary of the Council. The Commission decided
that the SPIO of the Council should furnish copies of the answer scripts within 2 days
of the receipt of this communication to the complainant.
The Commission also observed that it was not acceptable to the Commission that an appeal
petition of the complainant which was sent by the registered post, the receipt of which
was shown to the Commission by the complainant's father, was not received by the Council.
The Commission, therefore, directed both the SPIO as well as the Asstt. Secretary of the
AHSEC to cause an enquiry into the matter when the said registered letter was received in
the office of the AHSEC and the reason for delay in placing the letter before the Chairman
of the Council. In case it is found that the AHSEC had received the petition, the Commission
would be constrained to propose penalty on the Controlling Officer i.e, the Chairman of the
AHSEC under Section 20(1) of the RTI Act, 2005 by implying that under Section 5(5) of the Act
he was required to act as the SPIO.
Next date of hearing is fixed on 04.06.07 at 11.30 hrs.
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.
Memo No SIC.82/2007/10 Dated May 07, 2007
CC:
1. Chairman, Assam Higher Secondary Education Council, Bamunimaidam, Ghy.
2.
Secretary, Assam Higher Secondary Education Council, Bamunimaidam, Ghy.
3.
Dr. D.O. Goswami, SPIO, Assam Higher Secondary Education Council, Bamunimaidam, Ghy.
4.
Shri Sarat Ch. Gghain, Asstt. Secy., Assam Higher Secondary Education Council, Bamunimaidam, Ghy.
5.
Miss Swati Sarkar, C/o S.M. Sarkar, Advocate, Panbari Road, P.O. Bijni, Distt. Chirang, Assam.
6. MD, AMTRON, Bamunimaidam for website uploading
7. Office file.
Secretary
State Information Commission, Assam
Janata Bhawan, Dispur.