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Date of Decision: 06.12.2013 WP(C) No.7669 of 2013 & CM No.16356 of 2013
UNION PUBLIC SERVICE COMMISSION ....Petitioner
Through: Mr. Nasir Ahmed & Mr. Mohd. Muzahir Hussain, Advs.
Through: None
JUDGMENT
The respondent before this Court submitted an application to the CPIO of the petitioner – Union Public Service Commission (UPSC) seeking photocopies of the answer sheets of his Mathematics Paper-I, of Civil
Services (Main) Examination, 2011, along with correct answer of the said paper with detailed solution. The CPIO vide communication dated 18.7.2012 informed the respondent that no model answers were prepared. The photocopies of the evaluated answer sheets was declined seeking exemption under Section 8(1)(d) of the Right to Information Act.
2. Feeling aggrieved from the response of the CPIO, the respondent preferred an appeal which came to be dismissed vide order dated 3.9.2012. The respondent thereupon approached the Central Information Commission (hereinafter referred to as the Commission), by way of a second appeal. Vide order dated 28.5.2012, the Commission directed the CPIO to provide attested copies of the evaluated answer-sheets to the respondent within ten (10) 2013:DHC:6310 working days, along with answer key. Being aggrieved of the aforesaid order, the petitioner – UPSC is before this Court.
3. The question whether copy of answer sheet can be accessed under Right to Information Act or not, came to be considered by this Court in Delhi Subordinate Services Selection Board versus Pushpendra Singh, W.P(C) No.4048/2012, decided on22.7.2013 and relying upon the decision of the Hon’ble Supreme Court in Central Board of Secondary Education and Another vs. Aditya Bandopadhyay and Others (2011) 8 Supreme Court Cases 497, the writ petition was disposed of with direction that if the answer sheet is available, a copy thereof shall be provided to the respondent in the said writ petition. In Aditya Bandopadhyay and Others (supra), the Apex Court, inter alia, held as under:
4. Dealing with the contention that the rules and regulations of the examining body may bar inspection of the answer sheet, the Apex Court held as under:-
4. It would thus be seen that in the aforesaid decision, the Hon’ble Supreme Court upheld the right of the examinee to have the inspection as well as copy of his answer-book, even if the rules and regulations of the examining body prohibits such inspection and/or copy. In view of the authoritative pronouncements of the Apex Court, no fault can be found with the directions given by the Commission to the petitioner.
5. As regards provisions of section 8(1)(d) of RTI Act, reliance thereupon, in my view, is wholly misplaced. The aforesaid clause exempts from disclosure, only such information, disclosure of which would harm the competitive position of a third party and includes commercial confidence, trade secrets or intellectual property. However, no such issue comes up in disclosing the answer sheet of the examinee to none other than the examinee himself. For the reasons stated hereinabove, I find no merit in the petition and the same is hereby dismissed. All pending CMs also stand disposed of. There shall be no orders as to costs.
DECEMBER 06, 2013/rd V.K. JAIN, J.