UNION PUBLIC SERVICE COMMISSION Vs. ARUN KUMAR

JUDGEMENT

(1.) THE respondent before this Court submitted an application to the CPIO of the petitioner ­ Union Public Service Commission (UPSC) seeking photocopies of the answer sheets of his Mathematics Paper -I, of Civil Services (Main) Examination, 2011, along with correct answer of the said paper with detailed solution. The CPIO vide communication dated 18.7.2012 informed the respondent that no model answers were prepared. The photocopies of the evaluated answer sheets was declined seeking exemption under Section 8(1)(d) of the Right to Information Act.

(2.) FEELING aggrieved from the response of the CPIO, the respondent preferred an appeal which came to be dismissed vide order dated 3.9.2012. The respondent thereupon approached the Central Information Commission (hereinafter referred to as the Commission), by way of a second appeal. Vide order dated 28.5.2012, the Commission directed the CPIO to provide attested copies of the evaluated answer -sheets to the respondent within ten (10) working days, along with answer key. Being aggrieved of the aforesaid order, the petitioner ­ UPSC is before this Court.

(3.) DEALING with the contention that the rules and regulations of the examining body may bar inspection of the answer sheet, the Apex Court held as under: -