Step to remove doubts of candidates, strengthen transparency
Mohinder Verma
JAMMU, Dec 5: In a judgment of far reaching consequences, the Jammu and Kashmir State Information Commission has asked the Public Service Commission to place answer keys in the public domain soon after the declaration of results of the examinations for strengthening transparency in its functioning and to remove nagging doubts in the minds of candidates.
The judgment was passed by the Chief Information Commissioner (CIC) Khurshid Ganai while disposing of 2nd appeal filed by one Sangeet Kumari Jamwal, a resident of Gandhi Nagar, who was denied answer key of the screening test for the post of Assistant Professor in Higher Education Department on the ground that Rule 12(B) of the J&K PSC (Conduct of Examination) Rules, 2005, which provided for showing the answer key, has been deleted.
After hearing the Public Information Officer (PIO) of the J&K PSC and the counsel for appellant and perusal of record pertaining to the appeal, the Chief Information Commissioner observed, “J&K RTI Act 2009 is a statutory limb of the Fundamental Right of Freedom of Speech and Expression enshrined in the Article 19(1)(a) of the Constitution of India”, adding “the Right of Information as provided under the Act cannot be taken away except under the exemptions provided in Sections 8 and 9 of the Act”.
“The Act was enacted in order to ensure seamless access to information held by the Public Authorities and provide an effective framework for exercise of the right of information embedded under Article 19 of the Constitution. The preamble of the Act provides for setting out of the practical regime of right to information for citizens to secure access to information under the control of Public Authorities in order to promote transparency and accountability in the working of every Public Authority”, the Commission said.
The CIC further observed, “the matter in hand bears far reaching consequences as it involves larger public interest. It relates to the career prospects of thousands of candidates who appear for examination which in turn is related to their livelihood”, adding “thousands of candidates appear in various examinations being conducted by the PSC annually which places the onerous responsibility on this constitutional body to exercise highest degree of care and caution while maintaining transparency to retain the trust of these thousand of candidates”.
Finding no weightage in the arguments of the PSC that Rules don’t permit disclosure of answer key, the Information Commission said, “after the examination is conducted and results declared, the OMR and answer key for the same is the information held by the PSC and not exempted from disclosure under any of the provisions of the RTI Act”, adding “there is no public interest in the retention of OMR sheet and answer key as secret or confidential after the results are declared. Even when the information is protected under some provision of Section 8(1), it has to be disclosed under Section 8(2) on finding public interest in the disclosure”.
It is pertinent to mention here that Section 8(2) of J&K RTI Act says: “Notwithstanding anything in the State Official Act or any of the exemptions permissible in accordance with Sub-Section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests”.
“There is certainly a public interest in the disclosure of OMR sheet and answer key after the examination and results which outweighs the so called protected interest if any in keeping the OMR sheet and answer key secret and confidential”, the CIC made it clear while referring to Supreme Court judgments on the subject.
The Chief Information Commissioner said, “Section 19 of the J&K RTI Act, 2009 expressly provides that the provision of the Act shall have effect notwithstanding anything inconsistent there which contained in the Official Secrets Act, 1923 and any other law for the time being in force or in any instrument having effect by virtue of any law other than the RTI Act”, adding “where there is any inconsistency in a law as regards furnishing of information, such law shall be superseded by the RTI Act and Section 19 of the J&K RTI Act was a conscious choice of the legislature to safe guard the citizens fundamental Right to Information as such deletion of Rule 12(B) of the PSC’s (Conduct of Examination) Rules runs counter to Section 19 of the RTI Act.
Stating that information denied to the appellant should have been uploaded on the official website of the PSC in terms of Section 4(1)(d) of the RTI Act, the Information Commission has asked the premier recruiting agency of the State to consider placing the answer key in public domain immediately after the results of examinations are declared, adding “this will go a long way in strengthening transparency in the PSC system and help to remove nagging doubts in the minds of candidates prompting them to file RTI applications before the PSC”, the Information Commission said.
While disposing of the 2nd appeal of Sangeet Kumari Jamwal, the Commission has directed the Public Information Officer of PSC to provide all the information sought by the appellant in her basic RTI application as expeditiously as possible or within a maximum of 30 days from the date of receipt of the order.
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