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2023 Supreme(Del) 5694

IN THE HIGH COURT OF DELHI AT NEW DELHI
Chandra Dhari Singh, J.
Naveen - Appellant
Versus
Union of India & Amp; Anr. - Respondent
W.P.(C) 12029 of 2023 & CM APPL. 47180 of 2023
Decided On : 13-09-2023

Advocates appeared:
Mr. Pawan Sharma, Advocate, for the Petitioner.
Mr. Jatin Singh, Mr. Keshav Sehgal, Mr. Shivam Gaur and Ms. Ramya Soni, Advocates, for the Respondent.

Headnote:

RTI - Disclosure of Answer-sheet - Right to Information Act, 2005 - Section 24(1) - Section 24 - Section 19 - Section 11 - The judgment discussed the interpretation of Section 24 of the RTI Act, which exempts intelligence and security organizations from disclosing information, except in cases of corruption and human rights violations. The court emphasized that non-disclosure of information related to service record is a violation of human rights in the context of employee rights. It also highlighted the importance of exhausting alternative remedies before approaching the High Court under Article 226.

Fact of the Case:

The petitioner sought disclosure of his answer sheet for a Tier-II Trade Test conducted by the respondent under the Right to Information Act, 2005. The respondent rejected the petitioner's application, citing exemption under Section 24(1) of the RTI Act. The petitioner approached the High Court under Article 226 without exhausting the alternative remedy of filing an appeal.

Finding of the Court:

The court found that non-disclosure of the answer sheet related to the Tier-II Trade Test was a violation of the petitioner's human rights. However, it held that the petitioner should have exhausted the alternative remedy of filing an appeal under Section 19 of the RTI Act before approaching the High Court under Article 226. As a result, the court dismissed the writ petition.

Issues: The issues involved the interpretation of Section 24 of the RTI Act, the violation of human rights in the context of employee rights, and the requirement to exhaust alternative remedies before approaching the High Court under Article 226.

Ratio Decidendi: The court's decision was based on the finding that non-disclosure of the answer sheet constituted a violation of human rights. However, it emphasized the importance of exhausting alternative remedies before seeking relief under Article 226.

Final Decision: The writ petition was dismissed by the court due to the petitioner's failure to exhaust the alternative remedy of filing an appeal under Section 19 of the RTI Act before approaching the High Court under Article 226.

ORDER

Chandra Dhari Singh, J. (Oral) - The instant writ petition has been filed on behalf of the petitioner seeking the following reliefs:

"(a.) Issue a Writ of Mandamus to other suitable Writ thereby directing the respondents to show the answer sheet of the petitioner written by the petitioner in the tier-ii trade test conducted by the respondent,

(b.) Any other or further relief/direction/order which your lordships may deem fit and proper may be also passed/issued in facts and circumstances of the matters, in favours of the petitioner, in the interest of natural justice."

2. The relevant facts of the present petition have been recapitulated below:

a) In the year 2022, the respondent no.2, Centre for Personal Talent Management, Defence Research & Development Organization, Ministry of Defence published notification inviting the applications for recruitment for various posts at the respondent organisation.

b) In pursuance to the said notice, the petitioner being eligible as per the essential qualification in the notification applied for the post of Technician-A (Tech-A).

c) On 20th April 2023, the petitioner appeared in the Tier-II Trade Test conducted for the post of Technician-A (Tech-A) by respondent no. 2 in Batch-1 however, the petitioner did not qualify for the said examination.

d) The petitioner filed an application under Right to Information Act, 2005 (hereinafter referred to as RTI) before the respondent no. 2 for the purpose of showing his Answer-sheet of the Tier-II Trade Test. The said application of the petitioner was rejected by the respondent vide reply dated 08th June 2023.

e) The petitioner has filed the present petition, aggrieved by the said reply of the respondent

3. Learned counsel appearing on behalf of the petitioner submitted that the petitioner was utterly shocked by the result of said examination since, since as per the result the petitioner did not qualify for the Tier-II Trade exam.

4. It is further submitted that as per the respondent no.2's website wherein the result was declared, it was merely stated "Not Qualified in Tier-II Trade Test" and no details regarding the marks obtained by the petitioner or the transcript submitted by the petitioner were disclosed by respondent no. 2.

5. It is submitted that the petitioner has filed the present petition aggrieved of the arbitrary action of the respondent no.2 regarding non-production of the answer-sheet of the petitioner written by the petitioner in Tier-II Trade Test conducted by the respondent no. 2 on 20th April 2023.

6. It is submitted that the petitioner was neither not allowed to enter the workplace of the respondent no. 2 for addressing his grievances. Pursuant to which the petitioner filed an application under RTI in this regard before the respondent no. 2 which was rejected by the respondents vide order dated 8th June 2023 under section 24(1) of RTI for disclosure.

7. It is submitted that the petitioner is entitled to be shown his answer sheet in the tier-II trade test and the respondent no. 2 has violated the right of the petitioner by not showing such answer sheet.

8. It is further submitted, in view of the exception carved out under Section 24 of RTI, that any organisation under Schedule-II of RTI have to disclose information in cases pertaining to the allegations of corruption and human rights violations

9. In view of the foregoing paragraphs, the learned counsel for the petitioner submitted that the instant petition may be allowed and the reliefs sought may be granted.

10. Per Contra, learned counsel appearing on behalf of the respondent vehemently opposed the averments made by the petitioners and the present petition is nothing but an abuse of the process of law.

11. It is contended that the respondent no.2 falls within the ambit of Schedule II of RTI and is exempted from disclosure of information under Section 24(1) of RTI with the exception of cases wherein the information pertains to the allegations of corruption and human rights violations.

12. It is su

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