के(cid:7008)(cid:7076)ीय सूचना आयोग Central Information Commission बाबा गंगनाथ माग(cid:6981),मुिनरका

Baba Gangnath Marg, Munirka नई (cid:7408)द(cid:7016)ली, New Delhi – 110067 ि(cid:7367)तीय अपील सं(cid:6990)या / Second Appeal No. CIC/UTPON/A/2024/641772 Elamurugan A … अपीलकता(cid:6981)/Appellant VERSUS बनाम CPIO: Department of Personnel & Administrative …(cid:7079)ितवादीगण/Respondents Reforms (Govt. of Puducherry), Puducherry Relevant dates emerging from the appeal:

RTI : 21.03.2024 FA : 24.05.2024 SA : Nil.

CPIO : 25.04.2024 FAO : 20.06.2024 Hearing : 11.03.2026 Date of Decision: 11.03.2026 CORAM:

Hon’ble Commissioner Shri P R Ramesh O R D E R

1. The Appellant filed an RTI application dated 21.03.2024 seeking information on the following points:

a) In respect of information sought in sl.no.1 and 2,As per CENTRAL INFORMATION COMMISSION (CIC) in CIC/EPFOG/A/2018/614958 in Order dated 06.06.2018 Shailendra Kumar Singh v. PIO, EPFO, the answer sheets are supplied to candidates under RTI Act. Hence, I am entitled to obtain copy of my answer sheets.

b) The details of the examiner / evaluator alone may be masked in the copy of the answer sheet to be supplied to me in case if the PIO does not wish to disclose the name of examiner / evaluator.

c) I am ready to pay the charges payable for Certified Copy of those information under the provisions of RTI Act, 2005 on intimation to me.

d) I am ready to inspect the respective documents in person and take photocopies by making respective payment in case the relevant records are not readily available for furnishing the said information.

e) I request that, in case if the aforesaid information sought by me is not fully /partly available with the competent authority, my application may please be forwarded to the appropriate authority within 5 days as per Section 6 (3) or other relevant provisions of RTI Act 2005 with intimation to me.

2. The CPIO replied vide letter dated 25.04.2024 and the same is reproduced as under:-

“Reply in respect of information sought for at sl. no. 1 & 2, it is stated that the Honorable Supreme Court in its judgment dated 20th February 2018 in CA Nas. 6159-6162 of 2013 and 5924/2013 (Union Public Service Commission versus Angesh Kumar & Ors with Joint Director and CPIO and Ane versus T.R.Rajesh) held that the evaluated Conventional answer sheets are exempted from disclosure under the RTI Act, 2005. Further, the Honorable CIC in its decision No. CIC/UPSCM/A/2022/658967 dated 04.07.2023, has also adjourned sine die the matter regarding decision of sharing evaluated conventional answer scripts citing the stay order of Delhi High Court in WC) 17101/2022 & CM APPL54278/2022 dated 04.08.2023 in the matter of UPSC VL. Ms. Kavitha Panicker & Arr. Hence, the information sought for could not be furnished. However, the applicant can view his marks in the recruitment website link https://recruitment.py.gov.in/Departmental Exam/ViewMark by following the steps mentioned in the notice available in the website link https://recruitment.py.gov.in/

Administration/Files/RenderFile/19 In respect of information sought for at slno. 34, It is stated that as per the CIC decision CIC/UPSCM/A/2017/122611 dated 19.07.2018 in Shri Vinay Arora Vs UPSC, information sought for regarding marks of other candidates appeared in the exam are exempted from disclosure under section 8(1)(1) of the RTL, Act, 2005. Hence, the same could not be provided.”

3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 24.05.2024 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 20.06.2024 observed as under:-

8. Accordingly, it is ordered that the reply of the PIO dated 25.04.2024 in respect of Query (i) & (ii) is upheld and a positive direction cannot be issued to the PIO to supply the evaluated papers in view of the decision of the CIC in Muslim T.R VS CPIO, UPSC dated 04.07.2023.

9. As regards, Q (iii) & (iv), it is noted that the overall