Provide KPSC exam answer scripts under RTI, rules HC

The Karnataka High Court has ordered that a candidate who appeared for Karnataka Public Service Commission (KPSC) examination can seek copies of his evaluated answer scripts under the Right to Information Act.

The bench, while passing the order on the petition filed by the KPSC challenging the order of the Karnataka Information Commission (KIC), held that the authorities concerned cannot deny the information when the applicant is seeking information about himself.

The candidate Vinay Kumar Ramaiah had appeared for the main written examinations held from December 16, 2017 to December 23, 2017. The result of the examination was announced on January 28, 2019. The personality tests commenced from August 2, 2019 and a provisional selection list was published on December 23, 2019. As the candidate was not selected, he sought information of marks awarded to each question in written examinations. The KPSC refused to share the information citing the decision of the Supreme Court in Angesh Kumar’s case.

Contending that the information sought for is neither confidential nor sensitive, the candidate filed an appeal. The KIC passed an order directing the KPSC to provide the information. The commission moved the high court challenging the order of the KIC.

Justice Suraj Govindaraj held that providing an answer script to the candidate ensures transparency. “I am of the considered opinion that the disclosure of information as sought for by the respondent 1 (candidate) is in the public interest so as to maintain the transparency of the examination and evaluation.” The bench added that the identity of the examiner shall not be revealed while providing the information.

The bench further said that the information will have to be provided so long as the application satisfies the parameters laid down by the Supreme Court in three cases, Aditya Bandopadhyay, Parsa Jain and Angesh Kumar. These parameters include - the applicant has to be a candidate in the exam, required to make an application in a prescribed form, make payment for the information and the information sought for does not come within the exemption/exception of Section 8 of the RTI Act.

“Thus, I am of the considered opinion that the embargo in the decision of the Apex Court in Angesh Kumar’s would not be applicable in the present case, since the application filed by the first respondent satisfies the parameters laid down in Angesh Kumar case,’’ the judge said.