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2011 (3) TMI 1299 - HC - Indian LawsRight to Information Act - whether information with the Public Service Commission PSC cannot be accessed under the RTI Act and that the answer scripts, marks awarded, including interview marks and other details touching the process of examination and interview cannot be made available, except to the extent provisions are made for such access by the regulations and decisions of the PSC Held that - Section 22 of the RTI Act provides that the provisions of that Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than that Act. Such statutory provision having been made by the legislature, within its competence, it cannot be watered down or modified except by recourse to legislative procedures. Therefore do not find way to accept the contention of the PSC in this regard. Another plea of PSC is nothing but a managerial issue. It is pointed out that the PSC has to incur the huge expenses and administrative difficulties, including the deployment of staff exclusively to deal with such requests and this would result in undue hardship and clogging of its administrative setup. Once a piece of law is in place, inconvenience is no excuse to exclude adherence to it. The bounden has to obey and abide by it. This plea of PSC also does not commend acceptance. In the result, the decisions impugned by the PSC are upheld except to the extent they relate to information destroyed in terms of the provisions of the rules enabling destruction of records by PSC. The impugned orders and the orders sought to be enforced, through a couple of writ petitions by persons who have sought information, would stand regulated by what is stated herein. Further enforcement of those orders, including by invoking the penal provisions shall be only in strict conformity with what is stated herein. In view of the fact that the question of applicability of the RTI Act to PSC was being considered in this bunch of matters, orders imposing penalty, if any, are set aside and the PSC will have the statutory time, to comply with the directions of the SIC, running from today. The writ petitions are ordered accordingly. No costs.
Issues Involved:
1. Applicability of the Right to Information Act, 2005 (RTI Act) to the Kerala Public Service Commission (PSC). 2. The extent of information disclosure under the RTI Act concerning examination materials. 3. The concept of fiduciary relationship and its applicability to PSC. 4. The impact of existing rules and regulations of PSC on information disclosure under the RTI Act. Issue-wise Detailed Analysis: 1. Applicability of the RTI Act to the Kerala Public Service Commission: The judgment addresses the primary question of whether the RTI Act applies to the PSC. The court observed that the PSC, being a public authority as defined under Section 2(h) of the RTI Act, is subject to the obligations of the Act. Section 3 of the RTI Act provides that all citizens have the right to information held by or under the control of any public authority, which includes the PSC. The court emphasized that there is no institutional exception or exemption for the PSC under Section 8 of the RTI Act, which lists the types of information exempt from disclosure. Therefore, the PSC cannot claim immunity from the obligations of the RTI Act. 2. Extent of Information Disclosure Under the RTI Act Concerning Examination Materials: The court examined whether information related to examination materials, such as answer scripts and marks, falls within the ambit of the RTI Act. The PSC argued that such information should be excluded, citing the potential administrative inconvenience and the need for finality in examination results. However, the court held that the RTI Act mandates maximum disclosure and minimum exemptions. It stated that the definition of "information" under Section 2(f) of the RTI Act is broad and includes any material in any form. The court rejected the PSC's contention that the concept of "information" should be restricted to what is deducible from Article 19(1)(a) of the Constitution. The court upheld the view that transparency in examination processes would enhance the credibility of the PSC. 3. Concept of Fiduciary Relationship and Its Applicability to PSC: The PSC claimed that it holds a fiduciary relationship with examinees, examiners, and the public at large, which should protect certain information from disclosure. The court analyzed the concept of fiduciary relationship as defined in legal dictionaries and previous judgments. It concluded that the PSC does not hold any fiduciary relationship with examinees that would prevent the disclosure of answer scripts and related information. The court also dismissed the claim of fiduciary relationship between the PSC and examiners, stating that the identity of examiners and examination materials do not warrant continued secrecy after the evaluation process is completed. The court emphasized that transparency and access to information would only strengthen public confidence in the PSC. 4. Impact of Existing Rules and Regulations of PSC on Information Disclosure Under the RTI Act: The PSC argued that its existing rules for the destruction of records and issuance of information should take precedence over the RTI Act. The court acknowledged that the PSC has the authority to make rules regarding the destruction of records. However, it held that the RTI Act, being a statutory provision, overrides any inconsistent rules or regulations. The court stated that the PSC cannot be compelled to disclose information that has been destroyed in accordance with its rules. Additionally, the court rejected the PSC's plea that it should not be compelled to issue information under the RTI Act if alternate methods are provided by its rules. The court emphasized that Section 22 of the RTI Act provides for its overriding effect over other laws, and any modification to this provision must be made through legislative procedures. Conclusion: The court upheld the applicability of the RTI Act to the PSC and rejected the PSC's arguments for restricting the disclosure of examination-related information. It emphasized the importance of transparency and public access to information in enhancing the credibility of public authorities. The court also clarified that the PSC's rules for record destruction and information issuance do not override the provisions of the RTI Act. The impugned decisions of the State Information Commission were upheld, with the exception of information destroyed in accordance with the PSC's rules. The court set aside any penalties imposed on the PSC and provided statutory time for compliance with the SIC's directions.
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