Candidates have right to inspect answer-sheets under RTI: Supreme Court

The examinees have a right to inspect answer-sheets under the transparency law, the Supreme Court today ruled.

The evaluated answer-sheets are covered under the definition of the "information" under the Right to Information Act, a bench comprising Justices RV Raveendran and AK Patnaik said.

It upheld the judgment of the Calcutta High Court which had said "rejection for inspection of answer-sheets cannot be sustained".

The apex court dismissed the appeals of Central Board of Secondary Education CBSE), West Bengal Board of Secondary Education, West Bengal Council for Higher Education, University of Calcutta, Institute of Chartered Accountants of India and West Bengal Central School Service Commission which had challenged the February 5, 2009 judgment.

The apex court agreed with the findings of the high court that the examination conducting bodies do not retain the evaluated answer-sheets under any "fiduciary capacity".

The Assam Public Service Commission and Bihar Public Service Commission had also joined in and opposed the disclosure of answer-sheets to examinees.