LAWS(DLH)-2012-7-192

UNION PUBLIC SERVICE COMMISSION Vs. ANGESH KUMAR

Decided On July 13, 2012
UNION PUBLIC SERVICE COMMISSION Appellant
V/S
UNION PUBLIC SERVICE COMMISSION Respondents

JUDGEMENT

(1.) LPA No.229/2011 impugns the order dated 04.02.2011of the learned Single Judge in Review Petition No.51/2011 preferred by the respondents seeking review of the order dated 13.01.2011 disposing of W.P.(C)No.218/2011 preferred by the respondents.

(2.) THE twelve respondents in LPA No.229/2011 had appeared in the Civil Services Preliminary Examination held on 23.05.2010 by the appellant Union Public Service Commission (UPSC) and were unsuccessful therein. They sought certain information under the Right to Information Act, 2005 and which information was denied to them by the Public Information Officer of the appellant UPSC. Aggrieved therefrom, they filed W.P.(C) No.6931/2010 which was dismissed vide order dated 08.10.2010 on account of pendency then of SLP No.23250/2008 preferred by the appellant UPSC before the Supreme Court against the judgment dated 03.09.2008 of a Division Bench of this Court in LPA No.313/2007 titled UPSC Vs. Shiv Shambhu entailing the same question. The respondents thereafter filed SLP No.32443/2010 to the Supreme Court. The Supreme Court vide order dated 18.11.2010 dismissed SLP No.23250/2008 of the UPSC, for the reason of the change effected by the UPSC in the pattern of examination with effect from the year 2011. Thereafter the Supreme Court vide order dated

(3.) THE respondents filed an application for review of the aforesaid order primarily challenging the statement of the counsel for the appellant UPSC that raw marks and the model answers for all the questions were not available. It was their contention that the appellant UPSC as per its rules was required to maintain the same for the prescribed period and which period had not expired.