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New Delhi: The examinees have a right to inspect answer-sheets under
the transparency law, the Supreme Court on Tuesday ruled. The
evaluated answer-sheets are covered under the definition of the
"information" under the Right to Information Act, a bench comprising
Justices RV Raveendran and AK Patnaik said.
It upheld the judgement of the Calcutta High Court which had said
"rejection for inspection of answer-sheets cannot be sustained".
The apex court dismissed the appeals of Central Board of Secondary
Education CBSE), West Bengal Board of Secondary Education, West Bengal
Council for Higher Education, University of Calcutta, Institute of
Chartered Accountants of India and West Bengal Central School Service
Commission which had challenged the February 5, 2009 judgement.
The apex court agreed with the findings of the High Court that the
examination conducting bodies do not retain the evaluated answer-
sheets under any "fiduciary capacity".
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