APPELLATE AUTHORITY Vs. STATE INFORMATION COMMISSION KERALA

JUDGEMENT

(1.) The present writ petition is filed by the Kerala Public Service Commission challenging the order passed by the 1st respondent to disclose certain information which is sought by the 2nd respondent as evident from Ext.P1. By Ext.P1, the 2nd respondent applicant under the provisions of the Right to Information Act has sought for certain details which are as follows:

(2.) By Ext. P2, the petitioner informed the applicant that the question papers of the previous examinations are not retained in the District Office of the Public Service Commission. As far as the questions 2, 3 and 4 are concerned, it was mentioned that the answer keys of all examinations held by the PSC are published in the official website and therefore the same can be accessed from the website. Though, the 2nd respondent filed an appeal before the Appellate Authority by Ext. P3, the same was rejected. Aggrieved by the aforesaid rejection, the 2nd respondent approached the Appellate Authority under the Right to Information Act. By Ext.P5, the 1st respondent passed an order directing the petitioner to disclose the information as sought for under Ext.P1. Thus Ext.P5 is impugned by the petitioner.

(3.) A counter affidavit has been filed on behalf of the 2nd respondent in which it is contended that the stand taken by the PSC is not justified because the information which was sought for would definitely come within the purview of the provisions of the Right to Information Act and that the PSC, being a public authority would not have denied the same. It is further contented that the materials were deliberately being suppressed and the question papers of PSC examination were being listed in the official website. Instead of publishing the details, the petitioner choose not to disclose the details by making an evasive stand that the question papers were not kept in the District office.