KERALA PUB.SERVICE COMMN. Vs STATE INFORMATION COMMN.
Bench: M.Y. EQBAL,ARUN MISHRA
Case number: C.A. No.-000823-000854 / 2016
Diary number: 16280 / 2011
Advocates: Vs
RAMESH BABU M. R.
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‘ REPORTABLE’
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL Nos.823-854 OF 2016 (Arising out of SLP (C ) Nos. 15919- 15950 of 2011)
Kerala Public Service Commission & Ors. …..Appellants
Versus
The State Information Commission & Anr. ….Respondents
With CIVIL APPEAL NO.855 OF 2016 (Arising out of SLP (Civil) No.5433 of 2014)
Public Service Commission U.P. …..Appellant
Versus Raghvendra Singh .. Respondent
J U D G M E N T M.Y. EQBAL, J.
Leave granted.
2. In these two appeals the short question which needs
consideration is as to whether the Division Bench of the
Kerala High Court by impugned judgment has rightly held
that the respondents are entitled not only to get information
with regard to the scan copies of their answer sheet,
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tabulation-sheet containing interview marks but also
entitled to know the names of the examiners who have
evaluated the answer sheet.
3. The information sought for by the respondents were
denied by the State Public Information Officer and the
Appellate Authority. However, the State Information
Commission allowed the second appeal and held that there
is no fiduciary relationship in case of answer scripts.
Further, the interview marks cannot be considered as
personal information, since the public authority had already
decided to publish them.
4. Both the High Courts of Kerala and Allahabad have
taken the view, following the earlier decisions of this Court
that no fiduciary relationship exists between the appellants
and the respondents and, therefore, the information sought
for have to be supplied to them.
5. We have heard learned counsel for the parties and have
gone through the impugned judgments passed by the
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Division Bench of the High Court of Kerala at Ernakulam
and Allahabad.
6. So far as the information sought for by the
respondents with regard to the supply of scanned copies of
his answer-sheet of the written test, copy of the tabulation
sheet and other information, we are of the opinion that the
view taken in the impugned judgment with regard to the
disclosure of these information, do not suffer from error of
law and the same is fully justified. However, the view of the
Kerala High Court is that the information seekers are also
entitled to get the disclosure of names of examiners who
have evaluated the answer-sheet.
7. The view taken by the Kerala High Court holding that no
fiduciary relationship exists between the University and the
Commission and the examiners appointed by them cannot
be sustained in law. The Kerala High Court while observing
held:-
“16.What, if any , is the fiduciary relationship of the PSC qua the examinees? Performance audit of constitutional institutions would only
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strengthen the confidence of the citizenry in such institutions. The PSC is a constitutional institution. To stand above board, is one of its own prime requirements. There is nothing that should deter disclosure of the contents of the materials that the examinees provide as part of their performance in the competition for being selected to public service. The confidence that may be reposed by the examinees in the institution of the PSC does not inspire the acceptability of a fiduciary relationship that should kindle the exclusion of information in relation to the evalution or other details relating to the examination. Once the evaluation is over and results are declared, no more secrecy is called for. Dissemination of such information would only add to the credibility of the PSC, in the constitutional conspectus in which it is placed. A particular examinee would therefore be entitled to access to information in relation to that person’s answer scripts. As regards others, information in relation to answer scripts may fall within the pale of “third party information” in terms of section 11 of the RTI Act. This only means that such information cannot be accessed except in conformity with the provisions contained in section 11. It does not, in any manner, provide for any immunity from access.
17. We shall now examine the next contention of PSC that there is a fiduciary relationship between it and the examiners and as a consequence, it is eligible to claim protection from disclosure, except with the sanction of the competent authority, as regards the identity of the examiners as also the materials that were subjected to the examination. We have already approved TREESA and the different precedents and commentaries relied on therein as regards the concept of fiduciary relationship. We are in full agreement with the law laid by the Division Bench of this Court in Centre of Earth Science
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Studies (supra), that S.8 (1)(e) deals with information available with the person in his fiduciary relationship with another; that information under this head is nothing but information in trust, which, but for the relationship would not have been conveyed or known to the person concerned. What is it that the PSC holds in trust for the examiners? Nothing. At the best, it could be pointed out that the identity of the examiners has to be insulated from public gaze, having regard to issues relatable to vulnerability and exposure to corruption if the identities of the examiners are disclosed in advance. But, at any rate, such issues would go to oblivion after the conclusion of the evaluation of the answer scripts and the publication of the results. Therefore, it would not be in public interest to hold that there could be a continued secrecy even as regards the identity of the examiners. Access to such information, including as to the identity of the examiners, after the examination and evaluation process are over, cannot be shied off under any law or avowed principle of privacy.”
8. We do not find any substance in the reasoning given by
the Kerala High Court on the question of disclosure of
names of the examiners.
9. In the present case, the PSC has taken upon itself in
appointing the examiners to evaluate the answer papers
and as such, the PSC and examiners stand in a principal-
agent relationship. Here the PSC in the shoes of a Principal
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has entrusted the task of evaluating the answer papers to
the Examiners. Consequently, Examiners in the position of
agents are bound to evaluate the answer papers as per the
instructions given by the PSC. As a result, a fiduciary
relationship is established between the PSC and the
Examiners. Therefore, any information shared between
them is not liable to be disclosed. Furthermore, the
information seeker has no role to play in this and we don’t
see any logical reason as to how this will benefit him or the
public at large. We would like to point out that the
disclosure of the identity of Examiners is in the least
interest of the general public and also any attempt to reveal
the examiner’s identity will give rise to dire consequences.
Therefore, in our considered opinion revealing examiner’s
identity will only lead to confusion and public unrest.
Hence, we are not inclined to agree with the decision of the
Kerala High Court with respect to the second question.
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10. In the present case the request of the information
seeker about the information of his answer sheets and
details of the interview marks can be and should be
provided to him. It is not something which a public
authority keeps it under a fiduciary capacity. Even
disclosing the marks and the answer sheets to the
candidates will ensure that the candidates have been given
marks according to their performance in the exam. This
practice will ensure a fair play in this competitive
environment, where candidate puts his time in preparing for
the competitive exams, but, the request of the information
seeker about the details of the person who had
examined/checked the paper cannot and shall not be
provided to the information seeker as the relationship
between the public authority i.e. Service Commission and
the Examiners is totally within fiduciary relationship. The
Commission has reposed trust on the examiners that they
will check the exam papers with utmost care, honesty and
impartially and, similarly, the Examiners have faith that
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they will not be facing any unfortunate consequences for
doing their job properly. If we allow disclosing name of the
examiners in every exam, the unsuccessful candidates may
try to take revenge from the examiners for doing their job
properly. This may, further, create a situation where the
potential candidates in the next similar exam, especially in
the same state or in the same level will try to contact the
disclosed examiners for any potential gain by illegal means
in the potential exam.
11. We, therefore, allow these appeals in part and
modify the judgment only to the extent that the
respondents-applicants are not entitled to the disclosure of
names of the examiners as sought for by them.
…………………………….J. (M.Y. Eqbal)
…………………………….J. (Arun Mishra)
New Delhi February 4, 2016
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