CIC: The matter relating to disclosure of evaluated answer sheets of UPSC is subjudice before the Hon’ble Supreme Court; It would be expedient to await the final decision of the SC - CIC: Preserve the evaluated answer book till the disposal of the matter
Decision Dated 05.05.2016
1. Shri Surendra Choudhary filed an application dated 22.05.2013 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Union Public Service Commission (UPSC) seeking (1) questionwise marks obtained by him (Roll No.200465) and (2) photo copies of evaluated answer sheets of Paper I and Paper II of Public Administration subject of Civil Services (Main) Examination – 2012.
2. The appellant filed a second appeal dated 28.01.2014 before the Commission on the ground that the reason for not providing the information that “question wise marks do not subsist “is vague and does not fall under any exemption to bar disclosure of information under RTI Act, 2005 and that evaluated answer sheets can be provided after duly severing the names and/or signatures of the Examiner and/or other third party information. The appellant has requested the Commission to direct the CPIO to provide the information sought by him.
3. The appellant Shri Surendra Choudhary and the respondent Shri Mangal Marndi, CPIO and Deputy Secretary, UPSC were present in person.
4. The appellant submitted that the UPSC has neither informed him about the question wise marks obtained by him in Paper I and Paper II of Public Administration nor provided him photocopies of the evaluated answer sheets of the same. In this context, the appellant referred to the judgment of the Hon’ble Supreme Court in CBSE and Anr. Vs. Aditya Bandopadhyay in Civil Appeal no. 6454 of 2011 dated 09.08.2011.
5. The respondent submitted that the question wise marks do not subsist as observed by the Hon’ble Supreme Court in the W.P. No. 165/2005 Sanjay Singh Vs UPPSC “evaluation process does not end on marks being awarded by the examiner. Award of marks by the examiner is one stage of the process of evolution. Moderation when applied by the examining authority becomes part of the process of evolution and the marks thus awarded become the final marks of the candidates, which are taken into consideration for the all purposes”. Modernization is applied on the total marks secured by the candidate in a paper. Therefore, at the end of the evaluation process questionwise marks do not subsist and hence the information cannot be provided.
6. The respondent further submitted that the matter regarding disclosure of evaluated answer sheets to the candidates is still pending in the Hon’ble Supreme Court in Civil Appeal No. 5924/2013 (Joint Director and CPIO and another vs T.R Rajesh). In view of this, copies of evaluated answer sheets of the candidates, who had appeared in the Civil Service Examinations cannot be not been provided to the appellant till the matter is finally decided by the Apex Court.
7. The Commission observes that the matter relating to disclosure of evaluated answer sheets to the examinees is subjudice before the Hon’ble Supreme Court. In view of this, the Commission agrees with the respondent that it would be expedient to await the final decision of the Hon’ble Supreme Court. In view of this, it would be judicious to have the evaluated answer book of the appellant preserved till the disposal of the matter in the Hon’ble Supreme Court. The Commission directs the CPIO to have the matter placed before the Competent Authority so that the evaluated answer sheets of Shri Surendra Choudhary are preserved till the matter is finally decided by the Hon’ble Supreme Court.
8. The appeal is disposed of. Copy of decision be given free of cost to the parties.
Citation: Shri Surendra Choudhary v. Union Public Service Commission in Decision No. CIC/RM/A/2014/0001588/SB