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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". 

IANS | April 17, 2007

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