Mahiti Adhikar Gujarat Pahel is conducting a drive across Gujarat to file RTI applications for procuring copies of answer sheets. Interestingly, it has invoked Section 7(1) of the RTI Act under which information has to be given within 48 hours as it concerns ‘life and liberty’
Vinita Deshmukh
Taking the issue of recurring student suicides across the country every year after results of various public or class examinations are declared, a state-wide campaign is presently underway in Gujarat to make students aware of their right to get copies of their answer sheets under the RTI (Right to Information) Act.
Already 500 students have filed RTI applications and interestingly, the Mahiti Adhikar Gujarat Pahel (MAGP) which is steering the campaign, has invoked Section 7(1) of the RTI Act. Under this section, the citizen can demand information within 48 hours as it concerns 'life and liberty'.
The campaign's initiative also leans upon the historic Supreme Court judgment of August 2011 wherein the apex court had ruled that evaluated answer-sheets are covered under the definition of 'information' under the RTI Act. This judgment applies to all examinations including the Public Service Commissions, Universities, CBSE and other boards, professional bodies like ICAI-in fact, every examination conducted by any agency in India. (Ultimate victory for students: Tuesday’s Supreme Court judgment orders access of copies of answer sheets of all examinations).
The Supreme Court order is important for MAGP as a case is pending in the Gujarat High Court against the Gujarat State Information Commission's order of 2007 which gave a similar order like that of the Supreme Court.
RTI expert and member of MAGP, Harinesh Pandya states, "an evaluated answer-sheet is of vital information to a student as his/her career depends on it. There have been many incidences in the past of students committing suicides because they have got lesser marks than what they had expected, particularly in school board examinations. This trend is seen across the country every year after Std X and Std XII results are declared. Therefore, this information falls under Section 7(1) (life & liberty) of the RTI Act. Students need not wait for 30 days for this information, but are eligible to get it within 48 hours. Once a copy of evaluated answer-sheet is given, the mystery of getting less marks will be resolved-which may save several lives."
The first such campaign was conducted three years ago, when 4,000 students across Gujarat had invoked the RTI Act at the Gujarat Secondary and Higher Secondary Board for procuring copies of their answer-sheets. Information was denied to them. The MAGP appealed to the state information commission. The Gujarat State Information Commission gave an order in favour of the students. However, at that time, the Board filed a petition in the Gujarat High Court. The case is still pending but on the backdrop of the Supreme Court order, there is hope again.
States Pankti Jog, founder member of MAGP who is leading the initiative, "In the light of the Supreme Court judgment and now that the time is nearing for the declaration of the results of various examinations, MAGP decided to launch this campaign. We have created a help desk and already 500 students from schools, colleges, competitive examinations and also examinees of UPSC and GPSC have been educated as to how to use the RTI after their results are declared. We are very keen to see if the Gujarat Board provides information on the backdrop of the Supreme Court judgment."
The helpline number of the "Help Desk" is 09924085000. From Monday to Saturday, students can visit the MAGP office for guidance on filing RTI applications to get copies of their evaluated answer-sheets. Every Saturday, between 4pm to 6pm, experts will guide students. MAGP's mobile RTI clinic will also move through various cities and towns to spread awareness and give guidance. "Legal help will also be given at the doorstep of people who request it," adds Ms Jog.
Ms Jog informs that, "during the last four years students from across the country used RTI to seek copies of evaluated answer-sheets. The Supreme Court also in its judgment gave a clear verdict that evaluated answer-sheets are not exempted from RTI. Several state boards, including the Rajasthan Secondary Board has now decided to provide photocopies of evaluated answer-sheets proactively. In the light of this we hope that Gujarat students, who pioneered this movement, will be able to access copies of answer-sheets from the board. We also appeal to the students and parent community to volunteer for the campaign."
What does Section 7(1) say:
The section states: "7. (1) Subject to the proviso to sub-section (2) of Section 5 or the proviso to subsection (3) of Section 6, the central public information officer or state public information officer, as the case may be, on receipt of a request under Section 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in Sections 8 and 9: Provided that where the information sought for concerns the life or liberty of a person, the same shall be provided within 48 hours of the receipt of the request."
Contacts for MAGP's answer-sheet drive:
MAGP: Pankti Jog and Harinesh Pandya : 9824048842; 09909006791
Helpline: 9924085000
Blog: www.mahitiadhikar.blogspot.com
Postal address:
Mahiti Adhikar Gujarat Pahel
B-3, Sahajanand Tower,
Jivarajpark Char-Rasta,
Ahmedabad-380051
Gujarat (India)
RTI Helpline: 09924085000
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(Vinita Deshmukh is the editor of Life 365 (www.life365.in). She is also the consulting editor of Moneylife, an RTI activist and convener of the Pune Metro Jagruti Abhiyaan. She is the recipient of prestigious awards like the Statesman Award for Rural Reporting which she won twice in 1998 and 2005 and the Chameli Devi Jain award for outstanding media person for her investigation series on Dow Chemicals. She co-authored the book "To The Last Bullet - The Inspiring Story of A Braveheart - Ashok Kamte" with Vinita Kamte. She can be reached at [email protected])