(2012) 246 KLR 355 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.SIRI JAGAN MONDAY, THE 2ND DAY OF APRIL 2012/13TH CHAITHRA 1934 WP(C).No. 7258 of 2012 (F) -------------------------------------- PETITIONERS: ---------------------
115. DR.RACHANA K., ROLL NO.58438, RACHANA, MANITHARA, AVANOOR P.O. THRISSUR-680547.
RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNENMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM, PIN-695 001. 3. COMMISSIONER OF ENTRANCE EXAMINATIONS, THIRUVANANTHAPURAM-695 001. 4. THE PUBLIC INFORMATION OFFICER, OFFICE OF THE COMMISSIONER OF ENTRANCE EXAMINATIONS, THIRUVANANTHAPURAM-695 001. R1 TO R4 BY GOVERNMENT PLEADER SRI. MUHAMMED SHAH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-04-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.7258/2012-F: APPENDIX PETITIONERS' EXHIBITS:
RESPONDENTS' EXHIBITS:
//TRUE COPY// P.A. TO JUDGE. Prv. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 7258 of 2012 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 2nd day of April, 2012. Head Note:- Right to Information Act, 2005 - Entrance examination for admission to post graduate medical degree courses - applications for issuing question booklet, answer scripts and answer key of the entrance examination - suspect that the valuation has not been properly done - Held, In view of the Supreme Court decision on the subject of issue of copies of valued answer scripts of the examination in Central Board of Secondary Education v. Aditya Bandopadyay, 2011 (3) KLT SN 17 under the Right to Information Act, the respondents cannot now take the stand that in the absence of provision in the prospectus, copies of question booklet, answer scripts and answer key cannot be issued to the candidates. J U D G M E N T The petitioners are candidates who appeared for the entrance examination for admission to post graduate medical degree courses. The petitioners submit that they have serious doubts about the valuation of the answer papers of the entrance examination they have written. According to them, there is sufficient reason to suspect that the valuation has not been properly done. The petitioners have therefore submitted applications for issuing question booklet, answer scripts and answer key of the entrance examination to the petitioners. 2. I have directed the learned Government Pleader to get instructions. The learned Government Pleader submits that the valuation was fully computarised and therefore there cannot be any error in the valuation process. He also submits that there is no provision in the prospectus for issue of copies of question booklet, answer scripts and answer key to the petitioners. 3. I have considered the rival contentions in detail. 4. In view of the Supreme Court decision on the subject of issue of copies of valued answer scripts of the examination in Central Board of Secondary Education v. Aditya Bandopadyay, 2011 (3) KLT SN 17 under the Right to Information Act, the respondents cannot now take the stand that in the absence of provision in the prospectus, copies of question booklet, answer scripts and answer key cannot be issued to the candidates. The petitioners also refer to Ext.P10 order of the Central Information Commission, whereby supply of copies of similar documents have been ordered. In the above circumstances, this writ petition is disposed of with the following direction: If the petitioners have applied for the copies of question booklet, answer scripts and answer key to them under the Right to Information Act, the respondents shall see that the same is supplied to them within one week from the date of receipt of a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/ |