Court Directs SPSC to Release Merit List, Addresses Disability Rights in RTI Proceedings
In a significant ruling, the Sikkim High Court has upheld the Sikkim Information Commission's directive to the Sikkim Public Service Commission (SPSC) regarding the disclosure of information related to public examinations. The case, titled "Sikkim Public Service Commission v. Sikkim Information Commission," was decided on May 15, 2026, by Justice Meenakshi Madan Rai.
The court's judgment arose from a writ petition filed by the SPSC challenging the orders of the Second Appellate Authority, which mandated the release of a consolidated merit list along with the marks of candidates appearing in the interview/viva-voce for a public examination. The SPSC had initially denied the disclosure under Section 8(1)(j) of the Right to Information Act, 2005, citing privacy concerns.
Justice Rai, however, held that the disclosure of such information was in the public interest and did not infringe on individual privacy. The court ordered the SPSC to comply with the directive, provided that the information was not disseminated on social media, a condition agreed upon by the respondent, Mr. Ashif Pradhan, who had sought the information.
The court also addressed the issue of disability rights in the RTI proceedings. Mr. Pradhan, who is hearing impaired, had requested the presence of a family member during the proceedings, which was initially denied by the First Appellate Authority. The High Court noted that while the main grievance regarding information disclosure had been addressed, the issue of assistance during proceedings was secondary and required no further action.
The ruling underscores the balance between transparency in public examinations and the protection of privacy, while also highlighting the importance of accommodating disabilities in legal proceedings.
Bottom line:-
Right to Information Act, 2005 - Disclosure of information related to public examinations - Disability rights under RTI proceedings.
Statutory provision(s): Right to Information Act, 2005 Sections 8(1)(j), 11(1), and 19(7); Persons with Disabilities Act, 2016
