NEW DELHI, Jan 17: Universities and examining bodies cannot charge more than Rs 2 per page for providing copies of evaluated answer scripts to students, the Central Information Commission has ruled as it struck down the Rs 750 per answer sheet fee imposed by Delhi University.
In a stern order, Information Commissioner Sridhar Acharyulu said Delhi University, by imposing a high fee of Rs 750 for providing access to answer sheets under the RTI Act, has created two classes of students – those who can afford to have a copy by paying Rs 750 and those who cannot, which is a clear breach of right to equality guaranteed by Article 14 of the Constitution.
Citing the RTI rules of Delhi University, Acharyulu said it has not applied these for copies of answer sheets sought under the transparency law and that it cannot discriminate by asking higher cost for copies of answer sheets from a student and Rs two per page for other documents.
“Even if we accept contention that the respondent authority (Delhi University) was autonomous and competent enough to make its own rules and regulations, that authority has no power to restrict the access to information which was guaranteed by the RTI Act,” he said.
He was hearing the complaint of Delhi University student Abne Ingty who approached the transparency panel challenging the cost of Rs 750 per question paper imposed for accessing answer sheets under the RTI Act.
Ingty was asked to deposit Rs 3,750 for getting copies of answer sheets for five papers.
Acharyulu said he found merit in Ingty’s contention that prescribing unreasonable cost and time constraint will amount to complete denial of information to the students on grounds of their economic status.
He said a university or any other authority cannot use its authority to make subordinate legislation to infringe the legal and constitutional rights of the students or citizens.
Acharyulu held that Delhi University or any other university or public authority cannot ignore or bypass the mandate of Parliament given in RTI Act.
“No citizen shall be discriminated on the basis of his access to resources or any criteria including poverty as per his fundamental report to equality.
“It is very sad that education institution like the university is not mindful of the basic fact and they are going on denying information to the students by imposing high cost which means if you cannot afford, you cannot access,” he said.
According to Acharyulu, charging of Rs 750 amounts to breach of sections 3, 6 and 7 of the RTI Act.
“The temple of education cannot segregate students with reference to access right on the grounds of affordability,” the Commissioner said.
He said high cost of Rs 750 per question paper for securing copy of answer sheet and time conditions such that the appellant has to approach only after 61 days and before 75 days after declaration of results will “unreasonably” restrict the right to access to answer book and break up of marks awarded.
“Delhi University is a reputed institution with huge number of students and staff and a long history of academic excellence. I hope that concerned authorities will realise that by creating easy access to answer books at a cost of Rs 2 per page will enhance the possibility of standardising the accountability process and improving the standards of evaluation,” he said.
Issuing a show cause notice to DU why a penalty be not imposed for denial of information and adequate compensation be awarded to the appellant, Acharyulu directed that it shall make necessary changes to its practices in relation to having a copy of answer sheet at cost of Rs 2 per page.
He also directed the university to accept RTI applications from the date of results declaration throughout the period of retention of record, as mandated by the RTI Act and rules, as soon as possible but not beyond one month of this order.
“The Commission directs all the universities in India, including deemed universities and all examining bodies to provide copies of answer sheet only at a cost of Rs 2 per page and make necessary changes to their respective notification accordingly within a month of this order,” the Information Commissioner said.
He also issued directives to the University Grants Commission and Association of Indian Universities, to circulate, publicise and insist on implementation of this order in all academic and examining bodies.
Acharyulu directed the Ministry of Human Resources Development to circulate this order to all the examining bodies making it mandatory for them to bring uniformity in the rules and regulations by fixing cost at not more than Rs 2 per page of answer sheet. (PTI)
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