Stay on order to disclose PSC exam details

Updated on: Friday, July 08, 2011

The Supreme Court, on Thursday, stayed a Kerala High Court judgment directing the Kerala Public Service Commission (PSC) to furnish information regarding the answer scripts of recruitment examinations, the marks awarded, including those scored in interviews, and the identity of the examiner under the Right to Information Act.

A Bench of Justice Mukundakam Sharma and Justice Anil R. Dave, after hearing senior counsel V. Giri and counsel Vipin Nair, granted the stay on a special leave petition filed by the commission challenging the March 9 judgment and issued notice.

The High Court, while dismissing writ petitions filed by the commission against an order passed by the State Information Commission, had directed furnishing of details touching the process of examination, composition of the interview panel, marks in the interview, and so on.

The commission's special leave petition said it had a fiduciary relationship with those who wrote the examinations and the examiners. If the information was not kept confidential, difficult situations would arise. Therefore, such information sought under the RTI Act could not be disclosed.

The petition said, “The High Court failed to consider the objective of the scheme, which intends to give transparency to the entire governance process. The fact that the results and answer papers, etc., should be divulged is not a governance process and it would not come under the provisions of the RTI Act. These substantial questions of law are being raised in the present which have wide ramifications on the working and independence of the public service commissions all over the country and thus, warrants an authoritative pronouncement by the Supreme Court.”

“The information relating to the setting of the question paper, the persons who are setting the question paper, the evaluation of marks by the question papers are all matters of intellectual property of the commission. These are information which is not to be given in the public domain so that the public may use the same for the purpose of illegitimate ends,” it said.

“If the directions of the High Court are implemented, it would cause chaos and confusion in the entire examination system in the State leading to endless and pointless litigation. If the information relating to the examiner and the name of the question-paper setters are left in the public domain, there is every possibility that they would be harmed by vested interests. It is also relevant to mention here that if the name of the question-paper setter is put in the public domain, there is every possibility that persons would influence that person overtly or covertly to take undue advantage.”

The commission sought quashing of the judgment and an interim stay of its operation.

Stay on order to disclose PSC exam details

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