Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

17. Applicant Shri Munna Lal, presenting his case submitted that he wanted to see the report of
the Selection Board regarding allocation of bonus marks to some of the candidates. It was submitted
on behalf of the Railways that there is a system of selection both for the initial selection and for the
promotion. They also submitted that the proceedings of the Departmental Promotion Committee, a
copy of which was requested by the applicant herein, cannot be given as there exists fiduciary
relationship between the Board and the public authority and as such any proceedings that have been
submitted by the Board to the public authority in confidence is exempt from disclosure under Section
8(1)(e). It was further submitted that now the Railways only conduct a written examination and the
system of holding a viva has been abolished. Since the applicant did not qualify in the written examination,
his case was not placed before the Selection Board.
18. Shri Rafique also submitted that there was no fiduciary relationship between the Selection
Board and the public authority and as such all such proceedings and the answer sheets of any written
examination have to be disclosed under the Right to Information Act, 2005.
19. Shri B.L.Gupta presenting his case submitted that after the answer sheets have been evaluated
and marks have been awarded, the process is over and as such an examinee is entitled to see and
check as to whether the answer sheets have been evaluated or not and if evaluated whether they have
been rightly evaluated. Unless the marks are made available, it is impossible to ascertain the same.
20. The D.D.A., on the other hand, submitted that the examination process can never satisfy
everyone. If there is no confidentiality attached to the system, then there will be no end to the process.
At this stage, the Chief Information Commissioner asked whether once the examination was completed,
can answer sheets be not returned or given back to the examinees? The DDA submitted that this will
result in disclosure of the identity of the examiner and will expose them to an unavoidable threat. The
CIC suggested that probably the department can devise a system whereby the detachable sheets
containing confidential particulars concerning the identity of the examiner can be kept and this detachable
sheet can be retained and cannot be given to the examinees.
21. Shri K.K.Diwedi emphasized that the Right to Information Act, 2005 has been enacted with
a view to bringing in transparency and after this enactment every student has a right to see the answer
sheets after evaluation. There is no legal bar if an examinee is allowed to see his own answer scripts.
He also submitted that there is no question of applying either Section 8(1)(e) or 8(1)(j) of the Right to
Information Act.
Union Public Service Commission
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