Evaluated answer script of Departmental Competitive Examination was denied to the candidate citing UPSC v. Angesh Kumar - CIC observed that its relief order in a similar case in UPSC v. Ms. Kavitha Panicker was stayed by Delhi High Court; matter adjourned
28 Jul, 2023Information sought:
The Appellant filed an RTI application dated 22.09.2022 seeking the following information:
“I may be provided with a copy of my complete evaluated answer script of Paper Ill of Combined Section Officers/Stenographers (Grade-B/Grade-I Limited Departmental Competitive Examination - 2016 & 2017 pertaining to Roll No.0800261. My Admit Card for the said examination is attached.”
The CPIO furnished a reply to the appellant on 12.10.2022 stating as under:-
“The Hon'ble Supreme Court in its judgment dated 201h 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 evaluated Conventional answer sheets are exempted from disclosure under the RTI Act, 2005. As such the requisite information may not be provided.”
Being dissatisfied, the appellant filed a First Appeal dated 20.10.2022.
The FAA’s order dated 27.10.2022 upheld the reply of the 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: A K Roy, CPIO present through intra-video conference.
The Appellant stated that he is aggrieved with the reply of the CPIO and urged that in a similar case of RTI applicant, Kavitha Panicker, the Commission has ordered relief.
The CPIO submitted that the issue for determination in the instant case is already sub judice vide W.P(C) 17101/2022 & CM APPL.54278/2022 before the Hon’ble Delhi High Court as has been already taken on record by the bench in another similar case decided on 18.05.2023 in the matter of Manoj Kumar Singh vs. UPSC.
Decision:
The Commission observes that in view of the stay order granted by the Hon’ble Delhi High Court in W.P(C) 17101/2022 & CM APPL.54278/2022 in the matter of UPSC Vs. Ms. Kavitha Panicker & Anr. against an order of relief passed by this bench in a similar case against UPSC, it will not be expedient to proceed with the instant case at this stage.
Having observed as above, the matter is adjourned sine die.
Citation: Muslim TR v. UPSC, CIC/UPSCM/A/2022/658967; Date of Decision: 04/07/2023
Saroj Punhani
Information Commissioner