Union Public Service Commission etc. vs Angesh Kumar & Ors. etc.

Court

Supreme Court of India

Date

20 February 2018

Case No.

Civil Appeal Nos. 6159-6162 of 2013 etc.

Result

Disposed

Bench

Adarsh Kumar Goel, Uday Umesh Lalit

Citation

[2018] 1 S.C.R. 1076 : 2018 INSC 179

Headnote

Right to Information Act, 2005 –

ss. 3, 6, 8, 9 and 11 – Writ petition u/Art. 226 of Constitution – Filed by unsuccessful candidates of the Civil Services (Preliminary) Examination – Seeking direction to Union Public Service Commission (UPSC) to disclose the details of marks (raw and scaled) awarded to them in the exam – Also sought information in the form of cut-off marks for every subject, scaling methodology, model answers, and complete result of all the candidates – Single Judge of High Court directed UPSC to provide the sought information – View of Single Judge affirmed by Division Bench – On appeal, held: Weighing the need for transparency and accountability on the one hand and requirement of optimum use of fiscal resources and confidentiality of sensitive information on the other, it is to be held that the information sought with regard to marks in Civil Services Exam cannot be directed to be furnished mechanically – Furnishing raw marks will cause problems, which will not be in public interest – However, if a case is made out where the Court finds that public interest requires furnishing of information, the Court is certainly entitled to so require in a given fact situation – If rules or practice so require, certainly such rule or practice can be enforced – In the present case, direction has been issued without considering these parameters – The appeals and Special Leave Petitions are disposed of.

Central Board of Secondary Education and Anr. v. Aditya Bandopadhyay and Ors. (2011) 8 SCC 497 : [2011] 11 SCR 1028 ; Prashant Ramesh Chakkarwar v. UPSC (2013) 12 SCC 489 – relied on.

Sanjay Singh v. U.P. Public Service Commission (2007)

3 SCC 720 : [2007] 1 SCR 235 ; U.P. Public Service Commission v. Subhash Chandra Dixit (2003) 12 SCC

701 : [2003] 5 Suppl. SCR 210 – referred to.

The following Order of the Court was delivered : ORDER Civil Appeal No(s).6159-6162 of 2013 : 1. We have heard learned counsel for the parties and perused the record. 2. These appeals have been preferred against judgment and Order dated 13.7.2012 in LPA NO.229 of 2011 in W.P.(C)NO.3316 of 2011, 28.08.2012 in Review Petition NO.486 of 2012 in LPA NO.229/2011 and Review Petition NO.484 of 2012 in W.P.(C) NO.3316/2011 of the High Court of Delhi at New Delhi. 3. The respondents-writ petitioners were unsuccessful candidates in the Civil Services (Preliminary) Examination, 2010. They approached

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