IMPORTANT POINT
Public authorities must retain records for the duration specified by law and cannot destroy them while an information request is pending under the Right to Information Act, 2005.

JUDGMENT :

EASWARAN S., J.

1. The present writ petition is filed by the Kerala Public Service Commission challenging the order passed by the 1st respondent to disclose certain information which is sought by the 2nd respondent as evident from Ext.P1. By Ext.P1, the 2nd respondent applicant under the provisions of the Right to Information Act has sought for certain details which are as follows:

“1. One copy of the question papers of all P.S.C. examinations conducted from 01.01.2013 to 30.06.2013.

2. The official answers to the questions

3. The name of the exams i.e., for what post etc.

4. The date of the examinations.”

2. By Ext. P2, the petitioner informed the applicant that the question papers of the previous examinations are not retained in the District Office of the Public Service Commission. As far as the questions 2, 3 and 4 are concerned, it was mentioned that the answer keys of all examinations held by the PSC are published in the official website and therefore the same can be accessed from the website. Though, the 2nd respondent filed an appeal before the Appellate Authority by Ext. P3, the same was rejected. Aggrieved by the aforesaid rejection, the 2nd respondent approached the Appellate Authority under the Right to Information Act. By Ext.P5, the 1st respondent passed an order directing the petitioner to disclose the information as sought for under Ext.P1. Thus Ext.P5 is impugned by the petitioner.

3. A counter affidavit has been filed on behalf of the 2nd respondent in which it is contended that the stand taken by the PSC is not justified because the information which was sought for would definitely come within the purview of the provisions of the Right to Information Act and that the PSC, being a public authority would not have denied the same. It is further contented that the materials were deliberately being suppressed and the question papers of PSC examination were being listed in the official website. Instead of publishing the details, the petitioner choose not to disclose the details by making an evasive stand that the question papers were not kept in the District office.

4. I have heard Sri.P.C. Sasidharan, learned counsel appearing for the petitioner, and Sri. M.Ajay, learned Standing Counsel appearing for the 1st respondent.

5. Sri.P.C. Sasidharan, learned counsel appearing for the petitioner would submit that the PSC was not obliged to disclose the information as contained in Ext.P1 because the question papers were destroyed by the PSC. According to the learned counsel, perusal of Ext.P1 would reveal that the information sought for was for the period from 01.01.2013 to 30.06.2013. The learned counsel relied on Rule 272 of the Office Manual of the Kerala Public Service Commission. He would further placed reliance on the Rules framed under Section 2 of the Kerala Destruction of Records Act, 1961. According to the learned counsel, as per the schedule to the said Rules the question papers are not required to be kept in the office for more than a period of one month from the date of the examination. Therefore, learned counsel submitted that it is impossible for the petitioner to submit the information as required by the 2nd respondent. Reliance is also placed on the judgment of the Division Bench of this Court in Kerala Public Service Commission vs. State Information Commission, Kerala, 2011 (2) KHC 87.

6. On the other hand, the learned Standing Counsel appearing for the 1st respondent would contend that the conduct of the constitutional authorities like the petitioner is far from satisfactory. Whenever such information is sought for by the applicants, neither the petitioner would be evasive in their answers nor they would take a stand that the question papers would have been destroyed. He further points out that the application for the information was given on 16.7.2013. Therefore, even applying the Rules which have been relied on by the counsel for the petitioner, the question papers for the period from 16.6.2013 to 30.