Court Quashes Restrictions on Answer Sheet Inspection for Unsuccessful Candidates, Strengthens Transparency in Recruitment Process
In a significant ruling enhancing transparency in public recruitment, the Uttarakhand High Court has quashed the restriction on inspecting answer sheets for candidates declared unsuccessful in the shorthand examination. The court, presided over by Chief Justice Manoj Kumar Gupta and Justice Subhash Upadhyay, delivered the verdict on March 10, 2026, in the case of Rajveer Singh and others versus the State of Uttarakhand and others.
The petitioners, who had appeared for the recruitment examination for the post of Additional Personal Secretary, challenged the results declared on February 3, 2026, citing discrepancies and an inability to inspect their answer sheets due to Footnote No. 4, which prohibited such inspection until the final result was declared. The petitioners argued that this restriction violated their rights under the Right to Information Act, 2005.
The court ruled that evaluated answer scripts constitute 'information' under the RTI Act and that statutory rules cannot override the rights conferred by the RTI Act. The court read down Rule 71(7) of the Uttarakhand Public Service Commission Rules, 2013, to permit the inspection of answer sheets for candidates eliminated in the initial stage. This decision aligns with the Supreme Court's judgment in CBSE v. Aditya Bandopadhyay, ensuring transparency and fairness in the recruitment process.
The court emphasized that fairness and transparency are integral components of public recruitment. Denying access to a candidate's answer sheet deprives them of verifying the correctness of their evaluation and seeking timely redressal for any errors. The judgment mandates the Uttarakhand Public Service Commission to allow the petitioners to inspect and obtain copies of their shorthand notebooks and answer sheets, reinforcing public confidence in the recruitment process.
Bottom Line:
Right to Information Act, 2005 - Evaluated answer scripts are information accessible to examinees under the Act - Blanket prohibition on inspection of answer sheets until the completion of the selection process is unsustainable.
Statutory provision(s): Right to Information Act, 2005 Sections 8, 22, Uttarakhand Public Service Commission (Procedure and Conduct of Business) Rules, 2013 Rules 45, 71(7).
Rajveer Singh v. State of Uttarakhand, (Uttarakhand)(DB) : Law Finder Doc id # 2864311
