July 18, 2009 |
CA aspirants to get their answer sheets
Fo
In a landmark order, the Central Information Commission, (CIC), has asked "The Institute of Chartered Accountants of India" (ICAI) to give a copy of the assessed answer sheet to Vikita V Soni, a candidate who had appeared for the final CA examination.
The CIC, in its order stated that an examinee has the right to access the assessed answer sheets for "self-assessing their performance."
The case came up for hearing before the commission after Vikita, a Khetwadi resident, had filed an Right to Information (RTI) query in March to seek a copy of her assessed answer sheet when she was informed that she had failed in her examination while she was expecting her name in the toppers' list.
After being refused to get a copy of her answer sheet, Vikita approached Tarun Mitral Mandal, an NGO, to assist her in filing an RTI query.
"After being unable to get a copy of her answer sheet, Vikita approached us in filing the query and we obliged her in doing so," said NGO convener Rajen Dharod.
The public information officer of ICAI had rejected the query, which was filed in January, stating that "As per the institute rules, this query does not come under RTI realm."
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CA aspirants to get their answer sheets
RTI helps CA student get her answersheet
appeared for the exams.
The Central Information Commission, (CIC), in a landmark order, has directed The Institute of CharteredAccountants 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 that though she had prepared very hard for the exam and 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 our Fort branch and we helped her in filing the query,'' said NGO convener Rajen Dharod.
Though the query was filed in January this year, the public information officer of ICAI rejected the query stating, "According to the rules and regulations formulated by the institute, this query does not come under the ambit of the RTI act.''
Soni then filed an appeal, which was also rejected. She then approached the CIC When the hearing came up before the commission on July 13, it noted, "The query was rejected without indicating the provisions of the RTI act under which exemption from disclosure of answersheets have been made."
In his order, central information commissioner M M Ansari said that the appellant had asked for a copy of her own evaluated answersheet. "An examinee has the right to access her performance. In view of this, there is no justification for denial of the requested information," the CIC orders said.
"I, therefore, direct the ICAI to furnish the requested information within 15 working days from the date of issue of the decision, failing which penalty u/s 20(1) of the Act would be imposed," Ansari said.
Chartered and cost accountants across the country welcomed the order. "We strongly feel that the Institute should be more proactive towards the RTI act," said Narayan Verma , former president of Bombay Chartered Accountants Society.
Agreed Rajgopal Menon, a CA who has practices in Kerala. "The order will usher in greater transparency in the way the exam papers are evaluated."
Central Information Commission 2nd Floor, August Kranti Bhawan, Bhikaji Cama Place, New Delhi – 110 066 Website: www.cic.gov.in Decision No.4167/IC(A)/2009 F. No.CIC/MA/A/2009/000474 Dated, the 13th July, 2009
Name of the Appellant: Ms. Vikita Vishanji Soni
Name of the Public Authority: The Institute of Chartered Accountants of India
Facts:
1. The appellant was heard on 13/7/2009 through a representative.
2. The appellant has asked for a copy of the evaluated answer sheets in respect of a final examination, in which she appeared.
3. The CPIO and the Appellate Authority have replied but refused to provide the requested information, without indicating the provisions of the RTI Act under which exemption from disclosure of answer sheets has been claimed by the respondent.
4. During the hearing, the appellant cited a few decisions of this Commission, whereby the disclosure of evaluated answer sheets has been allowed. He also presented a news report, which confirmed that a Commission’s decision challenged by the respondent before the High Court of Delhi in an identical case of disclosure of answer sheets has been upheld.
Decision:
5. The appellant has asked for a copy of her own evaluated answer sheet. The CPIO and the Appellate Authority have not indicated the provisions under which they have claimed exemption from disclosure of the information. An examinee has the right to access the evaluated answer sheets so as to make self assessment of her performance. In view of this, there is no justification for denial of the requested information. The CPIO is, therefore, directed to furnish the requested information within 15 working days from the date of issue of this decision, failing which penalty u/s 20(1) of the Act would be imposed.
6. The appeal is thus disposed of. Sd/- (Prof. M.M. Ansari)
Central Information Commissionerii Authenticated true copy: (M.C. Sharma) Assistant Registrar Name & address of Parties: 1. Ms. Vikita Vishanji Soni, C/o Mr. Anant M. Nandu Room No.24, 2nd floor, 20/22, Khemraj Bldg. No.5, Khambatta Lane, Mumbai – 400 001. 2. Shri. V. Sagar, CPIO, The Institute of Chartered Accountants of India, ICAI Bhawan, P.B. No.7100, Indraprastha Marg, New Delhi – 110 002. 3. Shri. N.P. Singh, Appellate Authority, The Institute of Chartered Accountants of India, ICAI Bhawan, P.B. No.7100, Indraprastha Marg, New Delhi – 110 002.
this is really a welcomed decision
can anyuone tell me the proseduree for getting thes answersheet
i applied for verification of my june pce papers and my marks increased by 7 marks in group 1.however ,i am thinking to file rti to get the answer sheets of both groups.is it possible?
| Originally posted by :ramprasad patro u | ||
| " | i applied for verification of my june pce papers and my marks increased by 7 marks in group 1.however ,i am thinking to file rti to get the answer sheets of both groups.is it possible? | " |
THE JUDGEMENT OF DELHI HIGH COURT STILL HOLDS GOOD. ANYBODY WHO INTENDS TO SEE HIS/HER ANSWER SHEET CAN FILE RTI WITH THE INSTITUTE'S INFORMATION OFFICER..!!!!!!!!!!!!!! LOG ON TO INSTITUTE'S SITE AND find the information officer.!!!!!!!!!!!
Hi!!
I am a student of Hyderabad and i am looking to obtain my MICS paper . I deserve way more higher marks than i was awarded for this one in May 2010 exams. I want to know if the Decision of obtaining the same through RTI still holds good and what is the exact procedure.
You can mail me at shelly.rungta @ gmail.com
Thanks
Shelly.
Hi!
I am a student of New Delhi and i am eager to see my paper of Accounts and Costing. I deserev more than the institute has given me the marks. Further, i need to Assess what are my weakenes in the Exam papers.
I want to knw what is the procedure for getting my exam papers. Kindly do tell me it will be a great help for me.
You can mail me at jatinbajaj05 @ gmail.com
Thanks
JATIN BAJAJ
Even I'd love to see my answer sheet for MICS. I was expecting an exemption for MICS this time (May, 2010). But i just got 40 marks. I might have gone wrong somewhere, but i really need to know where..
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