Copy of the answer sheet of notice & drafting (each page of answer sheet along with marks obtained) was denied by UPSC - Question of sharing the descriptive type answer scripts is subjudice before the Delhi HC - CIC: Matter adjourned
15 Jul, 2023Information sought:
The Appellant filed an RTI application dated 18.10.2022 seeking the following information pertaining to combined SOs/Stenos (Gr.B/Gr.I) LDCE, 2016-17 under RTI Act, 2005:
“1. Copy of the answer sheet of notice & drafting (each page of answer sheet along with marks obtained) in respect of the undersigned i.e. Manoj Kumar Singh, Roll No. 0801155 of LDCE, 2016-17 conducted by UPSC.”
The CPIO furnished a reply to the appellant on 31.10.2022 stating as under:
“A copy of answer Sheet (Paper-3) {of conventional/descriptive nature) is neither provided to the candidates nor to any third party. As per the Hon’ble Supreme Court in its judgment dated 20th February, 2018 in CA Nos. 6159- 6162 of 2013 and 5924/2013 (Union Public Service Commission versus Angesh Kumar & Ors. with Joint Director and CPIO and Anr., versus T.R. Rajesh) held that the Conventional answer sheets are exempted from disclosure under the RTI Act, 2005.”
Being dissatisfied, the appellant filed a First Appeal dated 29.11.2022 and vide order dated 26.12.2022, the FAA had also upheld the reply of CPIO. Feeling aggrieved and dissatisfied, the appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through Intra Video Conference. Respondent: Shri Om Prakash, Under Secretary present through Intra Video Conference.
The written submissions of the Respondent are taken on record. The Appellant while reiterating the contents of the instant Appeal expressed his dissatisfaction with the fact that relevant information has not been provided to him till date. He harped on the fact that the CPIO has wrongly denied the information on his RTI application.
The Respondent, during the hearing, reiterated the contents of their written submissions which are reproduced below verbatim:
“In this connection, the reply was given to the RTI applicant vide letter dated 31.102022, informing that a copy of answer sheet (Paper-3) (of conventional/descriptive nature) is neither provided to the candidates nor to any third party. As per the Hon'ble Supreme Court in its judgment dated 20th February, 2018 in CA Nos. 6159-6162 of 2013 and 5924/2013 (Union Public Service Commission Versus Angesh Kumar & Ors with Joint Director and CPIO and Anrs. Versus T.R. Rajesh) held that the Conventional answer-sheets are exempted from disclosure under the RTI Act, 2005
4. Shri M.K. Singh, aggrieved with the reply given by the CPIO, vide Commission's letter 31.10.2022, preferred his first Appeal dated 29.11.2022 This Appeal was disposed of on 26.12.2022 by the first Appellate Authority holding that the reply given by the CPIO was appropriate. Subsequently he had filed 2nd Appeal before the CIC dated 27.12.2022. CIC has directed the CPIO to attend the hearing on 18.5.2023 at 12.50 PM
5. In this regard it is stated that the similar matter was earlier adjudicated before the Hon'ble CIC in the case of Smt Kavitha Panicker & Shri Navin Singh Rawat. In both the cases, CPIO was directed to provide a revised reply to the Appellant incorporating the available information as sought for in the RTI Application.
6. The matter was considered in the Commission and it was decided to file Writ Petition against the aforesaid order. The Hon'ble High Court, vide order dated 06.01.2023 (copy enclosed) granted stay on the impugned order of the CIC. The next date of hearing in the W.P is 4th August, 2023. As such, the question of sharing the answer scripts (descriptive type) is subjudice before the Hon'ble High Court. As regards his RTI application dated 30/11/2022, an appropriate reply based on the information available with the CPIO has been provided”.
Commission Versus Angesh Kumar & Ors with Joint Director and CPIO and Anrs. Versus T.R. Rajesh) held that the Conventional answer-sheets are exempted from disclosure under the RTI Act, 2005 4. Shri M.K.Singh, aggrieved with the reply given by the CPIO, vide Commission's letter 31.10.2022, preferred his first Appeal dated 29.11.2022 This Appeal was disposed of on 26.12.2022 by the first Appellate Authority holding that the reply given by the CPIO was appropriate. Subsequently he had filed 2nd Appeal before the CIC dated 27.12.2022. CIC has directed the CPIO to attend the hearing on 18.5.2023 at 12.50 PM 5. In this regard it is stated that the similar matter was earlier adjudicated before the Hon'ble CIC in the case of Smt Kavitha Panicker & Shri Navin Singh Rawat. In both the cases, CPIO was directed to provide a revised reply to the Appellant incorporating the available information as sought for in the RTI Application. 6. The matter was considered in the Commission and it was decided to file Writ Petition against the aforesaid order. The Hon'ble High Court, vide order dated 06.01.2023(copy enclosed) granted stay on the impugned order of the CIC. The next date of hearing in the W.P is 4th August, 2023. As such, the question of sharing the answer scripts (descriptive type) is subjudice before the Hon'ble High Court. As regards his RTI application dated 30/11/2022, an appropriate reply based on the information available with the CPIO has been provided”.
Decision:
The Commission observes that an order of this bench passed vide File No. CIC/UPSCM/A/2021/647941 in a similar case has been stayed by the Hon’ble High Court of Delhi in W.P(C) 17101/2022 & CM APPL.54278/2022 on 04.08.2023 in the matter of UPSC Vs. Ms. Kavitha Panicker & Anr.
Since the factual matrix and relief for determination in the instant case is identical to the averred case whose order has been stayed, and the matter is pending adjudication of the Court, the Commission does not find it proper to proceed with the instant matter at this stage.
Having observed as above, the matter is adjourned sine die.
The appeal is disposed of accordingly.
Saroj Punhani
Information Commissioner
Citation: M K Singh v. Union Public Service Commission, CIC/UPSCM/A/2022/669657; Date of Decision: 18/05/2023