Right to Inspect - 2/7 Permitted Examination by Examiner


By Kush Karla – Online RTI Writer, 23 December 2014

Permitted Examination by Examinee

When an examinee is permitted to examine an answer-book or obtain a certified copy, the examining body is not really giving her some information which is held by it in trust or confidence, but is only giving her an opportunity to read what she had written at the time of examination or to have a copy of her answers.

Therefore, in furnishing the copy of an answer-book, there is no question of breach of confidentiality, privacy, secrecy or trust. The real issue therefore is not in regard to the answer-book, but in regard to the marks awarded on evaluation of the answer-book.

What the examinee actually wants to know is the break-up of marks given her, i.e. how many marks were given by the examiner to each of her answers, so that she can assess how her performance has been evaluated, and whether the evaluation is proper as per her hopes and expectations. Therefore, the test for finding out whether the information is exempted or not, is not with regard to the answer book, but with regard to the evaluation by the examiner.

Kush Kalra

Kush Kalra

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!

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