Court Upholds Disclosure of Marks Under RTI, Limits Access to Photocopies of Answer Sheets for Privacy Concerns
In a significant judgment, the Allahabad High Court has partially overturned the Central Information Commission's (CIC) orders directing the provision of photocopies of answer sheets from a public examination conducted by the Indian Railways. The court emphasized that while the marks obtained by candidates in public examinations are public information and should be disclosed under the Right to Information Act, 2005, the provision of photocopies of answer sheets is not mandatory unless public interest demands it.
The Division Bench, comprising Justices Ajit Kumar and Swarupama Chaturvedi, delivered the verdict in the case involving the Union of India and the Central Information Commission. The dispute arose when Santosh Kumar, an Office Superintendent-II who appeared for the Legal Assistant exam, sought marks and photocopies of answer sheets of himself and two other candidates under the RTI Act. The Railways disclosed the marks but refused to provide photocopies of the answer sheets, leading to an appeal to the CIC.
The CIC initially directed the Railways to provide the requested photocopies, a decision that was challenged by the Union of India on the grounds of privacy and confidentiality. The Allahabad High Court, in its judgment, acknowledged the public interest in disclosing marks but restricted the provision of photocopies, stating that the perusal of answer sheets should suffice unless departmental rules allow otherwise.
The court highlighted the balance that must be maintained between transparency and privacy, referencing previous Supreme Court judgments that delineate the scope of personal information under the RTI Act. The court reiterated that information related to public examinations serves a larger public interest but must be regulated to protect the confidentiality of examiners and the integrity of the examination process.
This ruling underscores the nuanced application of the RTI Act in balancing the right to information with privacy concerns, particularly in the context of public examinations where the demand for transparency must be weighed against potential breaches of confidentiality.
Bottom Line:
Right to Information Act, 2005 - Marks obtained by candidates in public examinations are not confidential private information and must be disclosed if sought under the RTI Act - However, providing photocopies of answer sheets of other candidates is not mandatory and perusal of answer sheets suffices the need.
Statutory provision(s): Right to Information Act, 2005 Sections 8(1)(j), 11
