RAJASTHAN PUBLIC SERVICE COMMISSION Vs. POOJA MEENA

JUDGEMENT

(1.) By this writ petition, the petitioner the Rajasthan Public Service Commission (the 'RPSC for short) has challenged the order dated 14-10-2010, passed by the Chief Information Commissioner, Rajasthan Information Commission, Jaipur under the provisions of Right to Information Act, 2005 ('the RTI Act' for short) in appeal No. 649/2010, whereby the petitioner RPSC has been directed to supply all information as required by the respondent non-petitioner Pooja Meena ('the Non-petitioner' for short). Learned counsel for the RPSC submits that insofar as the non-petitioner seeks photo copies of answer sheets written by her in the RAS Examination. 2007, in the subjects General Knowledge, Political Science, Philosophy, in terms of judgment of the Hon'ble Supreme Court in the Institute of Chartered Accountants of India v. Shaunak H. Satya, 2011 AIR(SC) 3336, the RPSC will allow the non-petitioner to inspect her answer sheets in the aforesaid papers of RAS Examination 2007.

(2.) Counsel submits that the marks obtained by the non-petitioner in various papers were directly loaded on the computer by scanning the answer sheets of the non-petitioner as in the case of other candidates and no separate sheet was maintained by the RPSC. As such no document as sought in this regard can be provided to the non-petitioner. It is submitted that the third requirement of the non-petitioner in the application under RTI Act effectively was that her answer sheets be re-checked and re-evaluated. It is submitted that there is no provision for re-evaluation of answer sheets of the candidate in RAS examination, 2007, and hence no relief in this regard could be granted to the non-petitioner.

(3.) It is further submitted that the manner of applying the scaling formula to raw marks obtained by a candidate cannot be covered under the provisions of RTI Act, as it is not covered by the term "information". It is further submitted that as far as the scaling formula applied in the RAS Examination 2007 is concerned, all requisite information is available on the web-site, and the non-petitioner can avail such information from the web-site.