“There exists a fiduciary relationship between the students and the examining body”
Right to Information Act, 2005 (RTI) is empowering the right to seek information in India. It has again proved its supremacy, importance and relevance; this time for students.
Hon’ble Supreme Court in a judgement in 2011- CBSE & Anr. Vs. Aditya Bandhopadhyay & Ors ruled out that:
Under section 2(f) of the RTI , every student has a legal and fundamental right to have an access to their answer sheets and therefore, CBSE is bound to provide with the answer sheet under RTI. Further, in accordance with the provisions answer sheet is a piece of information which could be sought paying Rs. 10 as application fee and Rs 2/page of the information asked for.
An organisation, Whistle for public Interest asked CBSE for the procedure of viewing checked answer sheets. However it was not replied by CBSE after which the students filed contempt petition in the court.
A student has to pay almost Rs.800-Rs.1000 per subject for the purpose of obtaining and seeking revaluation of the copy. This was violating the rights provided by RTI for seeking information.
CBSE being a responsible authority for the education of maximum students of the country must not violate the laws. The CBSE responded that the fee wasn’t collected for any ill-motive or profit but were incidental.
The SC has directed the CBSE to ‘scrupulously’ follow its direction. Students below poverty line can have free access to their answer sheets.