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IN THE HIGH COURT OF GAUHATI (IMPHAL BENCH)
T. Nandakumar Singh, J.
State of Manipur and Ors. - Appellants
Vs.
Chief Information Commissioner and Anr. - Respondent
Decided On : 23.05.2008
Right to Information - Disclosure of Answer Script - RTI Act 2005, Section 2(f), 2(i), 20 - The court upheld the right of the petitioner to receive a photocopy of his answer script and marks awarded separately in the viva-voce/personality test by the DPC members in the recruitment of SI and Jamadar in the Manipur Police Department during November and December, 2006. The court emphasized the importance of transparency, accountability, and fairness in the disclosure of information under the RTI Act 2005.
Fact of the Case:
The petitioner sought information regarding his marks and answer script in a recruitment test for SI and Jamadar in the Manipur Police Department. The State Chief Information Commissioner ordered the State Public Information Officer to provide the requested information, leading to the petitioner filing a writ petition challenging the order.
Finding of the Court:
The court found that the petitioner's right to information under the RTI Act 2005 included the right to receive a photocopy of his answer script and marks awarded separately in the viva-voce/personality test. The court dismissed the writ petition, upholding the legality of the State Chief Information Commissioner's order.
Issues: The issues involved the petitioner's right to receive information under the RTI Act 2005, the confidentiality of competitive tests, and the authority of the State Chief Information Commissioner to order the disclosure of the petitioner's answer script and marks.
Ratio Decidendi: The court held that the right to information under the RTI Act 2005 includes the right to receive a photocopy of the answer script and marks awarded separately in recruitment tests. The court emphasized the importance of transparency, accountability, and fairness in the disclosure of information.
Final Decision: The writ petition was dismissed, and the State Chief Information Commissioner's order directing the disclosure of the petitioner's answer script and marks was upheld.
T. Nandakumar Singh, J.
1. The challenge in the present writ petition is to the order of the State Chief Information Commissioner, Manipur dated 14.1.2008 wherein and where under the State Chief Information Commissioner, Manipur ordered that :
i) The information sought by the petitioner (respondent No. 2 herein) which is more fully described in para. I request to provided a Photostat copy of his answer script in written test as well as the marks awarded to him separately in the viva-voce, personality test by the DPC members in the recruitment of SI/ Jamadar in Manipur Police Department during November and December, 2006 after concealing the identity of signature of the examiner, incase if it is recorded in that script and the members to be provided by the SPIO within fifteen days from the date of receipt of this order, all free of cost under intimation to this Commission. The personal appearance of the petitioner in the office of SPIO is not required.
ii) The appellant can approach this Commission again in case of any grievance within three weeks from the date of this order.
2. Heard Mr. N. Kotiswar, learned Advocate General assisted by Mr. Viscount, learned Counsel appearing for the petitioners.
3. After hearing the submissions of learned Advocate General at some length and also taking into consideration of the relief sought for in the present writ petition, this Court is of the considered view that this writ petition could be disposed of at the motion stage. Accordingly, this writ petition has been taken up for disposal after giving the opportunity of submitting the case of the writ petitioners by the learned Advocate General.
4. The fact in the present writ petition is short and simple and accordingly a brief fact of the case leading to the filing of the present writ petition is noticed hereunder.
5. The Selection Committee (for short DPC) conducted the selection test of the candidates consisting of physical efficiency test (PET) during the period from 7.11.2006 to 12.11.2006 at the 1st M.R. Ground for recruitment of Sub-Inspectors/Jamadars of Manipur Police Department. The written test of the candidates qualified in physical efficiency (PET) was held on 21.11.2006 and on a later date at Khuman Lampak Indoor Stadium and the 1st M.R. Banquet Hall respectively. The result of the DPC was declared on late evening of 18.12.2006. The present respondent No. 2 Shri N. Uttam Meitei appeared in the said selection test or/ DPC for recruitment of SI and Jamadar of the Manipur Police Department.
6. On 21.12.2006, Shri N. Budhachandra Singh, (father of the respondent No. 2) submitted an application to the writ petitioner No. 3, Joint Secretary (Home), State Public Information Officer (SPIO), Government of Manipur for furnishing informations regarding respondent No. 2 who appeared in the said DPC, which read as follows :
1) That, the marks awarded by the DPC against the qualified candidates on Physical Efficiency Test (PET) held during the period from 7.11.2006 to 12.11.2006 at 1st M.R. Ground, Imphal.
2) The marks obtained by the PET qualified candidates in the Written Test Examination held on 21.11.2006 and on a later date at Khuman Lampak Indoor Stadium and 1st M.R. Banquet Hall respectively.
3) As the result of the DPC was declared on late evening of 18.12.2006 the overall marks obtained by the qualified candidate in PET, Written Test and viva-voce/personality Test the undersigned is earnest desire to know the marks obtained by the selected candidates so as to enable him to get the information whether the DPC has done justice or not while selecting the candidates as per their performance in comparison with that of his son.
4) To call the answer scripts of the selected candidates along with the answer script of his son named below to verify by a team of expert appointed by the Chief Information Commissioner, Manipur.
7. As the petitioner No. 3 failed to response to the said application dated 21.12.2006, Shri N. Budhachandra i.e. (father of
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