By Kush Karla – Online RTI Writer, 23 December 2014
The Examining Body
The examining body is not in the position of a fiduciary with reference to the examiner.
On the other hand,
- when an answer-book is entrusted to the examiner for the purpose of evaluation,
- for the period the answer-book is in his custody and to the extent of the discharge of her functions relating to evaluation,
- the examiner is in the position of a fiduciary with reference to the examining body, and
- she is barred from disclosing the contents of the answer-book or the result of evaluation of the answer-book to anyone other than the examining body.
Once the examiner has evaluated the answer books, she ceases to have any interest in the evaluation done by her. She does not have any copy-right or proprietary right, or confidentiality right with regard to the evaluation.
Therefore, it cannot be said that the examining body holds the evaluated answer books in a fiduciary relationship , qua the examiner.
Kush is a practicing lawyer at Delhi High Court. He graduated from Rajiv Gandhi National University of Law, Punjab, India in 2012 and has authored a total of 10 books on Law within a year - a National Record!
Renjit is an IT professinal currently engaged in creating digital media content for online applications. He has over 16 years of multimedia and graphics experience. Cartooning, photography, and animation are his hobbies.
Renjit's cartoons: https://www.facebook.com/rtoonsbyrenjit
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