April 17, 2007 CIC Order for
Disclosing UPSC Marks Upheld
New Delhi
The Delhi High court Tuesday upheld the Central Information
Commission's (CIC) order asking the Union Public Service Commission
(UPSC) to disclose individual candidates' scores and cut-off marks
of the civil service preliminary examination 2006.
Upholding the order on the need for transparency in the UPSC
examination pattern and the evaluation process, Justice B.D. Ahmed
said, "Disclosure of information as directed by the CIC cannot harm
the interest of the UPSC or any third party. The approach of the CIC
in this matter has been in correct perspective."
"The UPSC being a public body, is required to act and conduct itself
in a fair and transparent manner. It would also be in public
interest that this fairness and transparency is displayed by the
revealing of the information sought by the candidates," said the
27-page order.
"The marks, which had been obtained by the candidates who appeared
in the civil services preliminary examination, are not to be counted
for the final selection which would be based entirely on the Main
Examination and the interview to follow," said Ahmed.
"Therefore I see no harm in the disclosure of the marks, as directed
by the CIC."
While ordering disclosure of individual scores and cut-off marks in
various subjects, the judge also directed the UPSC, the government's
recruitment agency, to disclose the model answer papers to the
candidates.
On the demand for disclosing the scaling system and evaluation
process in the examination, the court said, "As regards to the
disclosure of the scaling system, it is apparent that the same
already stands disclosed."
Resisting disclosure of its marking and evaluation process, the UPSC
had submitted that it was adopting a scaling system that could not
be revealed to the students.
It had also contended that revealing the marks and model answers
might help coaching institutes decipher short-cut methods to the
advantage of its students.
The UPSC had maintained that many meritorious students might be at a
disadvantage if the marks, cut-off points and the scaling system
were revealed.
Ahmed rejected the UPSC's contentions saying it was unfathomable
that the coaching institutes would be able to undermine the system
of examination by disclosure of the cut-off marks of the previous
year and the actual marks of the candidates of the previous years.
The court had April 4 reserved the order on a petition filed by the
UPSC challenging the CIC direction of Nov 13, 2006. The court had
stayed the CIC order Nov 27, 2006.
The CIC, headed by Chief Information Commissioner Wajahat Habibullah,
had passed the order on separate applications filed by over 100
unsuccessful candidates seeking disclosure of the marks they had
secured in the preliminary examination, 2006.
The CIC had asked the UPSC to reveal the cut-off marks in optional
papers of the candidates who were selected for the main
examinations.
It had also directed the UPSC to disclose its scaling system saying
"it involves large public interest and provides level-playing field
to all aspirants".
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