19 July 2010
HC stays order of disclosing answersheet to CA students
as reported in the HINDU Monday, May 18, 2009
New Delhi (PTI)
The Delhi High Court on Monday stayed its order directing Institute of Chartered Accountants of India (ICAI) to provide certified copy of answersheet to its students under the Right to Information Act.
A Division Bench of Chief Justice A P Shah and Justice N K Kaul stayed the operation of the order passed by a single judge bench on April 30.
Senior Advocate Soli Sorabjee, appearing for the Institute, contended that students have no right to seek disclosure of their answer sheet and it does not come under the purview of the RTI Act.
The single bench had directed the Institute to provide a copy of the answersheet to its students under the RTI Act saying it could not be excluded from the purview of the Right to Information Act and examination authority cannot deny answersheet to students.
Observing that the Act confers positive power to a citizen which should not be hindered by authorities, the court dismissed the plea of the Institute of Chartered Accountants of India challenging the CIC's order to provide a certified copy of the answer sheet to a student who could not clear the exam.
19 July 2010
Answer sheet cannot be excluded from the purview of RTI
As reported by Viju B of TNN in timesofindia.indiatimes.com on 18 July 2009:
'CA examinees can see answersheet' - India - NEWS - The Times of India
'CA examinees can see answersheet'
MUMBAI:
This news is bound to cheer all the chartered accountancy students who have been wanting to get a copy of their answersheets after they appeared for the exams.
The Central Information Commission, (CIC), in a landmark order, has directed The Institute of Chartered Accountants of India (ICAI) to provide a copy of the evaluated answersheet to Vikita V Soni, a candidate who had appeared for the final CA examination. In its order, the commission said that an examinee had the right to access the evaluated answersheets for "self-assessing her performance".
The case came up for hearing before the commission after Soni, a Khetwadi resident, filed an RTI query in March seeking a copy of her evaluated answersheet. Soni said she was expecting her name in the toppers' list, she was shocked to know that she had failed.
Soni then approached Tarun Mitral Mandal, an NGO, to assist her in filing an RTI query. "She approached us and we helped her in filing the query," said NGO convener Rajen Dharod. Though the query was filed in January, the public information officer of ICAI rejected the query stating, "According to institute rules, this query doesn't come under RTI ambit."
19 July 2010
All the links are fine but without proper permission of ICAI through a circular or notification all in vain and we can not claim the inspection as a right.
CAclubindia
