Kpsc (karnataka) not providing the info. under rti

skn (Querist) 19 March 2013 This query is : Resolved
Dear Sir,

Karnataka Public Service Commission has declared the result of KAS (Gazett officers) Civil Service Main exam 2011 result on 16-03-13. (exam was held from 15th Dec-12 to 06th Jan 2013. Next step is to put the cut off and interviews and final selection.
Those who have approached for answer papers of this exam have been denied the same stating the whole selection process needs to be completed to give the answer papers.
Myself is one among the aggrieved candidate. I have written last mains. This time the marks allotted are extremely low than my performance. Hence I would like to get the answer papers.
If we wait till the whole process of selection to be completed, it will be too late to complain against the improper evaluation either to KPSC or to the court of law. Even KPSC says, if we apply under RTI they will reply negatively. This has been told to me by the Public information officer of KPSC on phone ph no.080-30574935

Now the question is, is there any law which gives free hand to KPSC to deny the answer paper or do the candidates have the legal remedy or provision of RTI which helps to get the answer paper as per the time limit of 30 days from the date of application of RTI.

Kindly, state if there is any provision which allows the Public service commission to not to give the answer papers before the completion of selection process.

This is my last attempt, and I am afraid if the KPSC does not gives me the answer papers before the completion of selection process I will loose the whole battle.

Thanks and regards,
SKN

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Adv k . mahesh (Expert) 19 March 2013

normally you can go to the tribunals about the issue and claim to get scrutiny of answer papers if court does not provide you the result then request the court to get stay on one post till the process of settled

consult the local lawyer showing the notification of the jobs and decide

skn (Querist) 19 March 2013
Sir Thanks,
However, is there any provision for Public Service Commissions to deny the information under RTI, reasoning the completion of selection process?
Kindly revert.

Thanks and regards,

SKN

Adv k . mahesh (Expert) 19 March 2013
there is no such provision were RTI will deny any information as per law

Sudhir Kumar, Advocate (Expert) 19 March 2013
which provision of RTI Act they have quoted to deny information.

Devajyoti Barman (Expert) 19 March 2013
Well Tribunal has no power to direct scrutiny of paper, for this only Writ remedy lies.

Raj Kumar Makkad (Expert) 19 March 2013
Class X and XII, entrance exam for professional courses & job recruitment tests - can now take a look at how they were evaluated by the Right to Information Act.

The Supreme Court on Tuesday (9th August) ruled that students aggrieved with their examination scores - class X and XII, entrance exam for professional courses as well as job recruitment tests - can now take a look at how they were evaluated by moving an application under the Right to Information Act.

So far, only re-tabulation of marks was possible. Now, the court has provided for re-evaluation of answer-sheets, which will include whether examiner missed out awarding marks for answers to some of the questions.
Passing the path-breaking order that will be lapped up by students, but may cause consternation among the teaching fraternity, a bench of Justices R V Raveendran and A K Patnaik dismissed a bunch of appeals filed by the Central Board of Secondary Education, West Bengal Board of Secondary Education, Institute of Chartered Accountants of India (ICAI), University of Calcutta, West Bengal Central School Services Commission and Assam Public Services Commission.

The petitioners had challenged rulings by different information commissioners under the RTI Act directing them to show the answer-sheets to the students.
The basic contention of all these education boards, Calcutta University and ICAI was that there was a fiduciary relationship between the examiner and the board, and hence it was not proper to show the answer-sheet to the student. CBSE had claimed exemption from the ambit of RTI Act.
The classic among the cases dealt by the apex court was that of a Kolkata student Pritam Rooj, who had scored 91.6% in the Class X examination and 80.8% at the higher secondary (Class XII) examination.

But his performance dipped unexpectedly in the mathematics honours course, which he studied in Presidency College under the Calcutta University. In 2005, he got a mere 52% in his Part-I examination and an identical percentage the following year in Part-II, with just 28 out of 100 in the fifth paper.
Rooj applied for re-evaluation of the paper, and was awarded four additional marks by the university. But, that did not give him a first division and ruined his dream of studying in the Indian Institute of Science, Bangalore.

On August 14, 2007, Rooj filed an RTI query seeking a copy of his answer-sheet from the university. But, the principal information officer said no inspection of answer-sheet was permitted under the RTI Act.
He moved the Calcutta High Court and got a favourable order. Similar orders had come in from the high court’s of Gauhati in Assam and other places. The apex court had joined them together and heard arguments.

skn (Querist) 20 March 2013
Dear Sirs,
Thanks to all of you for your great opinion.

As the KPSC denied verbally to accept the RTI applicatin stating the application will be accepted only after the complition of the complete selection process.
And even told to me if I post the application they will reply same way of denial till the complition of selection process.
In this case how should I proceed? should I file RTI application by post or should I enclose a seperate request appliction along with RTI applition to get the copy of answer papers as per the RTI time line stating the case laws to support my request.
Kindly advise.

Thanks and regards,
SKN

Anirudh (Expert) 20 March 2013
Dear SKN,

First apply for information through RTI. (Your oral phone enquiries etc., etc., will not matter).

If the information is denied, approach the first appellate authority and then the next appellate authority etc. Exhaust your remedies. Yes, it will take time. No denial about that. Because of your urgency, the matter cannot be speeded up either!

Otherwise, if you have any specific apprehension that your answer sheets have not been properly valued, then approach the High Court through a writ, seek reservation of one post pending finalisation of the writ.

Sudhir Kumar, Advocate (Expert) 20 March 2013
non-acceptance of application calls for move to SIC. They have to accept application whatever reply they may give.

Raj Kumar Makkad (Expert) 20 March 2013
Denial to provide desired information further provides opportunity to make appeal under RTI Act so exhaust that remedy.

skn (Querist) 21 March 2013
Dear Sirs,

Thanks.
SKN