“The information of the answer sheets and details of the interview marks can be and should be provided to information seeker.” as stated by the Supreme Court of India while justifying the request for the information made with regard to the supply of scanned copies of answer-sheet of the written test, copy of the tabulation sheet and other information as sought.
“It is not something which a public authority keeps it under a fiduciary capacity. Even disclosing the marks and the answer sheets to the candidates will ensure that the candidates have been given marks according to their performance in the exam.”
This practice will ensure a fair play in this competitive environment, where candidate puts his time in preparing for the competitive exams, but, the request of the information seeker about the details of the person who had examined/checked the paper cannot and shall not be provided to the information seeker as the relationship between the public authority i.e. Service Commission and the Examiners is totally within fiduciary relationship.
“If we allow disclosing name of the examiners in every exam, the unsuccessful candidates may try to take revenge from the examiners for doing their job properly. This may, further, create a situation where the potential candidates in the next similar exam, especially in the same state or in the same level will try to contact the disclosed examiners for any potential gain by illegal means in the potential exam.”as observed by the bench consisting of J. M.Y. Eqbal and J. Arun Mishra.
It was further observed by the bench that the disclosure of the identity of Examiners is in the least interest of the general public and also any attempt to reveal the examiner’s identity will give rise to dire consequences.
Read Full judgement 2016-02-04_1454585367
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