Madras HC: Answer scripts must be provided to students under RTI

The Madras High Court on Monday held that Universities are bound to provide answer sheets to students under the RTI Act, 2005. The HC dismissed the plea filed by the Tamil Nadu Dr Ambedkar Law University and said that the evaluated answer sheets are 'information' under the RTI Act and students can obtain the evaluated answer scripts under the Act.

Chennai: In a far reaching judgment giving relief to the students, the Madras High Court on Monday ruled that an evaluated answer sheet is information under the Right to Information (RTI) Act, 2005 and Universities are bound to provide copies of such answer scripts to the examinees concerned.

Dismissing a writ petition filed by the Tamil Nadu Dr Ambedkar Law University, Justice S.M. Subramaniam directed the university to supply the copies of answer-sheets sought by the respondent-students, under the RTI Act.

The Tamil Nadu Dr Ambedkar Law University had approached the Madras High Court challenging the decisions of the Tamil Nadu State Information Commission's order allowing students to get copies of answer scripts through RTI Act, 2005.

Justice Subramanium rejected the varsity's contention that it is governed by its own rules, and said that the university should provide information only as per the rules framed by the Parliament and not by the rules enacted by them.

This came after the Petitioner-University contended that it had not rejected the students' claim but only had insisted the examines to follow the procedures prescribed under the varsity's rules and regulations, as per which, certain charges had been prescribed.

Rejecting this claim, the judge said that evaluated answer sheets are "information" under the RTI Act and the university cannot deny the benefit of answer scripts to the information seeker under the provisions of the Right to Information Act, by stating that the procedures of the University would be followed.

However, with these observations, the court clarified that an applicant was at liberty to follow the procedures contemplated under the RTI Act as well as the Rules in force.

Under the law university rules, a fee of Rs.500 per subject has been made payable for the students asking for a copy of the answer script.

However, as per the RTI Act 2005, the applicant has to pay only Rs 10 to get a copy.