Delhi HC: Names & addresses of the members of the interview board not to be disclosed
The Central Information Commission (CIC) had directed the Union Public Service Commission (UPSC) to disclose name of the interviewers along with their designation while hearing a second appeal filed under the RTI Act. The UPSC filed a petition in the Delhi High Court against the CIC order contending that the marks, views, opinions of the experts, who were on the interview board, is held by the UPSC in a fiduciary capacity. It was argued that the information relates to the core functioning of UPSC and its disclosure jeopardize the total
functioning and activity of UPSC by rendering it open to misuse by interested individual(s). It was further asserted that the disclosure would seriously endanger the process of secrecy and confidentiality of the selection process.
Justice Manmohan of the Delhi High Court observed that disclosing the names of the members of the UPSC interview board will "expose them to danger" as the possibility of a failed candidate attempting to take revenge cannot be ruled out. The Delhi High Court ruled that the disclosure of names, addresses and qualification of the selection commission members would endanger their life and physical safety and therefore, the same is exempt under Section 8(1)(g) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; of the RTI Act.
The bench observed "The disclosure of names and addresses of the members of the interview board would ex facie endanger their lives or physical safety ...... Any apprehension on the part of the examiner that there may be danger to his physical safety, if his identity becomes known to the examinees, may come in the way of effective discharge of his duties... This applies not only to the examiner but also to the scrutiniser, coordinator and head examiners who deal with the answer book.” The bench also held that the disclosure of the identity of board member would not serve any fruitful purpose.
Earlier, the High Court had stayed the CIC order. Link - http://www.rtifoundationofindia.com/cic-order-disclose-details-upsc-interview-board-me#.U153jvmSyqw