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By Kush Karla – Online RTI Writer, 23 December 2014
Examining body not in a Fiduciary Relationship
The examining body does not hold evaluated answer-books in a fiduciary relationship. The examining body engages or employs hundreds of examiners to do the evaluation of thousands of answer books. The question is whether the information relating to the 'evaluation' (that is assigning of marks) is held by the examining body in a fiduciary relationship. The examining body entrusts the answer-books to an examiner for evaluation and pays the examiner for her expert service. The work of evaluation and marking the answer-book is an assignment given by the examining body to the examiner which she discharges for a consideration. Sometimes, an examiner may assess answer-books, in the course of her employment, as a part of her duties without any specific, additional, or special remuneration. In other words, the examining body is the 'principal' and the examiner is the agent entrusted with the work, that is, evaluation of answer-books.
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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