SHASHANK SHEKHAR Vs. UNION PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Petitioner filed the present writ application when the respondent Union Public Service Commission (hereinafter referred to as 'UPSC') refused or failed to provide him the necessary information under the Right to Information Act. He was one of the candidates, who appeared in the Preliminary Examination held by UPSC and he wanted the details of his performance after he was not successful in the Preliminary Examination.

(2.) One of the clauses, which is held out against the petitioner or comes in the way of providing such input or information, is said to be clause 7 (iii) of the advertisement, which has been annexed as Annexure-1 to the writ application, which is reproduced herein below :

(3.) Learned counsel for the petitioner submits that such a clause quoted above is unsustainable as a concept and requires to be struck down keeping in view the obligation created upon all the organisations in this country to provide information under Right to Information Act, which is a Central legislation. UPSC cannot shirk his responsibility since it is not one of the organisations, which are exempted under the Right to Information Act in matter of providing information.