Delhi HC Refuses To Stay For Now CIC Order Allowing Student To Inspect Evaluated Answer Sheets [Read Order]

HC to decide on Jan 30 whether student has right to inspect answer sheets

The Delhi High Court has refused to stay the order of the Chief Information Commission (CIC) by which the Delhi University was directed to allow inspection of evaluated answer sheets.

Justice Vibhu Bakhru refused to stay the June 18 order of CIC and said it will consider on January 30, 2019, the question whether a student has any right to inspect her/his answer sheets.

The court was also not impressed with the argument on Delhi University that the right of the respondent (student) to inspect the answer sheets is mutually exclusive to his right to receive certified copies of evaluated answer scripts.

“Prima facie, this Court finds it difficult to accept this contention,” said Justice Bakhru but granted time to the varsity to extend more arguments on the point.

The court then went on to order, “It is clarified that this Court has not stayed the impugned order dated 18.06.2018 and inspection of the evaluated answer-sheet shall be provided to respondent no.1 (student named Mohit Kumar Gupta) as directed. The question whether a student has any right to seek inspection of his/her answer sheets will be considered on the next date”.

It is to be noted that DU had challenged the June 18 order of CIC wherein it had said, “…the Commission felt that issue under consideration involved Larger Public Interest affecting the fate of all the students who wish to obtain information regarding their answer sheet/ marks obtained by them which would understandably have a bearing on their future career prospects which in turn would ostensibly affect their right to life and livelihood. Hence allowing inspection of their own answer sheet to the students ought to be allowed as per the provisions of the RTI Act, 2005”.

The CIC had passed the order on the plea of Mohit Kumar Gupta.

The varsity challenged this order before the high court while contending that it has adopted a procedure of providing certified copies of the evaluated answer-sheet and, therefore, is not required to allow inspection of the same.