On Thursday the SC over-ruled   the judgment of the Kerala High Court which directed the Kerala Public Service Commission to disclose the information regarding the answer scripts of the recruitment examinations, marks obtained (including that in the interviews) and the identity of the examiner under the RTI 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.

At first the State Information  Commission  passed an order directing the State Public Service Commission to disclose such information. A writ  petition against this order was filed by the State PSC but the Kerala HC dismissed the writ petition, upheld the State Information Commission’s order and directed furnishing of details regarding the the process of  examination, composition of the interview panel, marks in the interview and so on.

The Sate PSC’s special leave petition said that it shared a fiduciary relationship with the people who wrote the examination and the examiners too. It further contemplated that if such information was disclosed then difficult situations could arise and hence such information couldn’t 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.”

“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.”

SC OVERRULES KERALA HC ON PSC EXAMS DISCLOSURE

REPORT BY – BIKRAM SINGH RANA