UPSC Marks and Model Answers
CIC/Legal/2007/147
CIC Order No : CIC/MA/2006/00793
Operative Section : Section 8(1) (d) of the RTI Act.
Brief of CIC Order :
Commission directed UPSC as under:
i) The UPSC shall, within two weeks from the date of this order, disclose the marks assigned to each of the applicants for the Civil Services Preliminary Examination 2006 in General Studies and in Optional Papers; and
ii) The UPSC, within two weeks from the date of this order, shall also disclose the cut-off marks fixed in respect of the General Studies paper and in respect of each of the Optional Papers and if no such cut-off marks are there, it shall disclose the subject-wise marks assigned to short-listed candidates; and
iii) The UPSC shall examine and consider under Section 8(1) (d) of the RTI Act the disclosure of the scaling system as it involves larger public interest in providing a level playing field for all aspirants and shall place the matter before the Competent Authority within one month from the date of this order. This will also cover the issue of disclosure of model answers, which we recommend should in any case be made public from time to time. In doing so, it shall duly take into account the provisions of Section 9 of the RTI Act.
Writ Petition No : 17583/2006, Delhi High Court.
Issue :
Whether the Commission was justified in allowing disclosure of information. Brief of Court Order :
Court modified the order of the Commission while observing,
―What the respondents 2 to 24 have sought is information with regard to an event which has already taken place. Apparently, these persons have already failed to qualify in the screening test. In other words, they have not made the cut-off. The events of determination of the cut-off mark and of screening are already over. These marks, which have been obtained by the candidates who appeared in the Civil Services (Preliminary) Examinations, are not to be counted for the final selection which would be based entirely on the Main Examination and the interview to follow. Therefore, I see no harm in the disclosure of the marks, as directed by the Central Information Commission.
As regards the disclosure of the scaling system, nothing further needs to be done as, in my view, the same already stands disclosed by the UPSC in the affidavit filed by them before the Supreme Court.
With respect to the disclosure of the model answers to the questions, I am of the view that though the UPSC may have some rights over them, the disclosure would be in larger public interest. Candidates have the right to know where they went wrong. One sure way of informing them in this regard is by disclosing the model answers.
As regards the stand taken by the UPSC of taking cover under Section 8 (1) (d) of the RTI Act, I feel that that is wholly inappropriate. First of all, the information that is sought by the respondents 2 to 24 does not fall within the expression of intellectual property?. The data collected by the UPSC is of an event which has already taken place and its disclosure would have no bearing whatsoever on the next years examination.
Therefore, even if it is assumed that it is information within the meaning of Section 8 (1) (d) of the RTI Act, its disclosure would not harm the competitive position of any third party. In any event, the UPSC being a public body is required to act and conduct itself in a fair and transparent manner. It would also be in public interest that this fairness and transparency is displayed by the revealing of the information sought. Moreover, Section 8 (2), read in its proper perspective, indicates that access to information ought to be provided by a public authority even where it is otherwise entitled to withhold the same, if the public interest in disclosure outweighs the harm to the protected interests. The disclosure of information, as directed by the Central Information Commission, does not, in any way, in my view, harm the protected interests of UPSC or any third party. In any event, the public interest in disclosure is overwhelming and I am of the view that the Central Information Commission has approached the matter in the correct perspective and has issued the directions for disclosure of the information. Directions (i) and (ii) given by the Central Information Commission do not call for any interference except to the extent that in Direction (ii) there is reference to cut-off marks for General Studies and each of the optional papers whereas, in point of fact, there is only one cut-off mark for the combined total of raw General Studies marks and scaled optional paper marks. Thus, that cutoff needs to be disclosed. As regards direction No.(iii), the same is modified to the extent that the UPSC shall disclose the model answers. As regards the disclosure of the scaling system, it is apparent that the same already stands disclosed, as indicated above, and, therefore, nothing further needs to be done in that regard‖.
Status : Disposed of on 17.04.2007.