MUKESH KUMARI Vs. RAJASTHAN PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) All these writ petitions have been filed by petitioners, who appeared in the recruitment for the post of Rajasthan Administrative Service and Rajasthan Tehsildar Service Combined Competitive Examination, 2012, pursuant to advertisement dated 06.02.2012, seeking a direction to the respondent Rajasthan Public Service Commission (for short, 'the RPSC') to allow them inspection of answer books of compulsory paper and option paper of RAS main examination, 2012, and supply photo copies thereof.

(2.) Shri Sanjeev Prakash Sharma, learned Senior Counsel, who has led the argument on behalf of petitioners, in support of the case, relied on a judgment of the Supreme Court in Central Board of Secondary Education and Another Vs. Aditya Bandopadhyay and Others, 2011 8 SCC 497, and submitted that the petitioners have a right to inspect their evaluated answer books and take certified copies thereof, because answer books, answer-sheets/OMR sheets are documents and record in terms of Sections 2(f) and 2(i) of the Right to Information Act and therefore constitute "information" in the meaning of that Act. Right to information is a facet of freedom of speech nd expression under Article 19 of the Constitution of India, subject to reasonable restrictions. Learned Senior Counsel for petitioners in this connection has referred to paras 45 to 47 of the said judgment.

(3.) Shri Sanjeev Prakash Sharma, learned Senior Counsel, submitted that the respondent RPSC itself has issued a notification dated 22.08.2013 purported to have been issued under Sections 27 and 28 of the Right to Information Act, prescribing the fee for supply of copy of answer key (objective type exam), inspection of answer sheet (OMR objective type), inspection of answer copy (written descriptive type), copy of response sheet (OMR objective), copy of result (only of candidate's own result) within a stipulated time limit and as per format determined by Commission, copy of other document (if permissible). It is argued that this notification has been especially issued for RAS Main Examination in view of large number of applications filed by unsuccessful candidates to inspect the copies and answer-books. Learned Senior Counsel submitted that this notification has been issued by the RPSC much after delivery of Division Bench judgment of this Court in Shanu Goyal Vs. State of Rajasthan and Others D.B. Civil Writ Petition No.11708/2013, on 08.07.2013. The respondent RPSC cannot therefore now refuse to give effect to its own notification. Besides, the aforesaid Division Bench judgment sought to be relied by the respondent RPSC, arose out of competitive examination for recruitment to Rajasthan Judicial Service and would not be applicable to the present case.