8790/SCIC/2012 - Andhra Pradesh Information Commission

A.P. Information Commission(under Right To Information Act, 2005)HACA Bhavan, Hyderabad – 500 004.Phone Nos: 23230245/246 (O), 23230591/92 (F)C.No:No:8790/CIC/20128790/CIC/2012,Order dated 14-0303-202013ComplainantRespondent: Sri R.D.L.P. Christian,Plot No.166, 4 th Line,P.N. Colony, Srikakulam 532 005: The Deputy Secretary, Public InformationOfficer (U/RTI Act, 2005)/A.P. PublicService Commission, "Prathibha Bhavan",M.J.Road, Opp: Gagan Vihar, Nampally,Hyderabad 500103.OrderSri R.D.L.P. Christian, Plot No.166, 4 th Line, P.N. Colony, Srikakulam 532 005has filed complaint dated 30.07.2012 which was received by this Commission on03.08.2012 against the A.P. Public Service Commission, Hyderabad for non complianceof APIC’s order dated 19.08.2011 in Appeal No.12475/CIC/2009,According to the complainant he filed Writ Petition No.4637 of 2012 before theHon’ble High Court of A.P., Hyderabad and the Hon’ble High Court of A.P., whiledismissing the writ petition gave liberty to the writ petitioner to approach the APICU/sec.20 of the RTI Act, 2005.The Commission passed final orders dated 19.08.2011 in AppealNo.12475/CIC/2009 directing the respondents to furnish the information sought by theappellant at point no.2 (i.e., Copies of the valued answer scripts of all the papers alongwith the respective Keys used for evaluation) free of cost, within 30 days from the date ofreceipt of this order under intimation to this Commission.The complainant filed this complaint before the Commission requesting to reviewhis case U/sec.20 of the RTI Act, 2005 in view of the orders of the High Court and takewhatever possible action that can be taken under the RTI Act, 2005 and to see that he getthe information sought.In view of the directions of the Hon’ble High Court of A.P., and the rule positionas per Sec.20 of the RTI Act, 2005, the complaint was taken on file and notices were sentto the parties concerned directing them to appear before this Commission for hearing on03.09.2012. The case posted for hearing on 03.09.2012 was adjourned at the request ofthe PIO and reposted for hearing on 15.10.2012.On 15.10.2012 the case was called. The complainant and the PIO were present.The complainant submitted that the PIO did not comply with the orders of theCommission in Appeal No.12475/CIC/2009.The PIO submitted that for Group I exams answer key will not be there and theretention period of answer sheets is one year from the date of finalization of results.The PIO further submitted that APPSC got impleaded in the Special Leave PetitionNos.15919-950 of 2011 filed by Kerala Public Service Commission in the Hon’bleSupreme Court of India on similar subject matter.But the PIO has not filed the copy of the order before the Commission to show thatInterim Stay is extended to implead petitioner/Andhra Pradesh Public ServiceCommission, Hyderabad.

2The case was adjourned directing the PIO to file order copy that interim stay isextended to implead petitioner. The case was reposted for hearing on 14.03.2013.On 14.03.2013 the case was called. The complainant and the PIO were present.The complainant submitted that the PIO did not furnish copies of answer sheetsinspite of orders from the APIC in Appeal No.12475/CIC/2009.The PIO submitted that the APPSC has filed petition for impleadment in theSpecial Leave Petition Nos.15919-15950 of 2011 filed by Kerala Public ServiceCommission before the Hon’ble Supreme Court of India on similar subject matter,wherein Interim stay has been granted by the Hon’ble Supreme Court of India. The PIOfurther submitted that the Hon’ble Supreme Court of India admitted the petition of APPSCallowing the impleadment.The Kerala Public Service Commission had challenged the orders passed by theSIC that answer scripts, marks awarded including interview marks shall be made availableto the examinees by filing WP Nos.33718/2010 before Hon’ble High Court of Kerala atErnakulam and the Hon’ble High Court of Kerala was pleased to deliver judgement dated09.03.2011 that Kerala Public Service Commission shall comply the directions of SIC.A perusal of the orders passed in Special Leave to Appeal (Civil) Nos.15919-15950/2011 shows that the Hon’ble Supreme Court is pleased to pass orders on07.07.2011 as follows:-“Issue notice. In the meantime the operation of impugned judgment and ordershall remain stayed”.The PIO/APPSC has filed photo copy of the orders passed by the Hon’bleSupreme Court dated 17.01.2013 in Special Leave to appeal Nos.15919-15950/2011which reads as follows:-“Application for intervention and impleadment are allowed”.Though there is stay granted by Hon’ble Supreme Court in favour of the APPSC,there is a judgement delivered by the Hon’ble Supreme Court in Civil AppealNo.6454/2011 dated 09.08.2011, directing the examining bodies to permit the examineesto have inspection of answer books.Since the judgment passed by Hon’ble Supreme Court in Civil AppealNo.6454/2011 which is dated 09.08.2011 is subsequent to the orders passed by Hon’bleSupreme Court in Special Leave to appeal Nos.15919-15950/2011 which is dated07.07.2011, I am relying upon the judgment passed in Civil Appeal No.6454/2011.Accordingly, the PIO/APPSC is directed to permit the complainant to haveinspection of his answer books.Issue show cause notice to the then PIO for not furnishing the information withinthe stipulated time.Jannat HusainChief Information CommissionerAuthenticated by:(J. Rama Murthy)Deputy RegistrarCopy to: DS / SO / OC / SF