Indian Supreme Court Orders Disclosure of Reviewed Tests

10 August 2011

The Indian Supreme Court Aug. 8 said students had the right to access their evaluated answer sheets under the Right to Information Act.

In its decision, the court upheld a 2009 Calcutta high court that the materials are not exempt from the transaprency law and must disclose the reviewed tests.

The case developed after a Calcutta University student sought to obtain copies of his answer sheets. Right to information groups pursued the matter while various educational organizations opposed disclosure.

The ruling is expected to have wide applicability to public institutions that conduct tests.

The institutions said the evaluated answer sheets are not covered under the definition of the “information.” They also contended that they had a fiduciary duty not to release the test sheets, damage the testing system, and impose an added burden.

The Supreme Court dismissed these arguments.

The National Campaign for People’s Right to Information said: “The NCPRI believes this ruling would positively affect the transparency rights of lakhs of students of all kinds across the country including examinations conducted by school boards, universities and public service commissions.

See media accounts in The Hindu Times and in LiveMint.com.

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