IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, N.SENTHILKUMAR, JJ.
P.Yuvasree – Appellant
Versus
The Secretary – Respondent
W.P.No.18528 of 2024
Decided on : 05-07-2024
MANDAMUS - RTI APPLICATIONS - The court directed the authorities to consider the petitioner's RTI applications for access to answer sheets of specific examination papers, emphasizing the right to information under Article 226 of the Constitution of India and the obligation of the authorities to respond positively to such requests.
Fact of the Case:
The petitioner filed a Writ Petition under Article 226 seeking a Mandamus to direct the authorities to provide copies of answer sheets for specific examination papers related to the Mains Examination conducted by TNPSC for the post of Civil Judge.
Finding of the Court:
The court noted the submission by the respondents that the petitioner could approach the competent authority on a specified date to obtain the answer sheets, and directed the authorities to consider the request positively.
Issues: Whether the petitioner is entitled to receive copies of the answer sheets under the Right to Information Act and the obligations of the authorities in this regard.
Ratio Decidendi: The court highlighted the importance of transparency and the right to information, affirming that the authorities must facilitate access to information as per the legal provisions.
Result: The Writ Petition was disposed of with directions to the authorities to consider the petitioner's request positively.
ORDER :
[Order of the Court was made by S.M.SUBRAMANIAM, J.]
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent authority to consider petitioner RTI Applications dated 19.06.2024 and 23.06.2024 to provide a copy of answer sheets / papers with respect to Register No. 0101001080 for Translation paper, Law paper I, Law Paper II and Law Paper III for the Mains Examination (Descriptive Type) which was conducted on 04.11.2023 and 05.11.2023 by the TNPSC Vide Notification No.12/ 2023 for the Post of Civil Judge in the Tamil Nadu State Judaical Service within a stipulated time fixed by this Court.
With reference to the relief sought for in the present writ petition, Mr.I.Abrar Mohammed Abdullah, the learned Standing Counsel appearing on behalf of the respondents 1 and 2 would submit that the petitioner is at liberty to approach the competent authority on 08.07.2024. On her appearance before the authorities, the answer sheets will be provided to her. In view of the said submission, the 1st respondent is directed to consider the request of the petitioner positively.
2. With the above directions, this Writ Petition stands disposed of. No costs.
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The right to information is a fundamental aspect of transparency in governance, and authorities are mandated to respond to RTI applications in a timely and positive manner.
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