2012 (12) TMI 577 - SC - Indian Laws

RTI - secrecy - Bihar Public Service Commission - Queries related to providing the names, designation and addresses of the subject experts present in the Interview Board, names and addresses of the candidates who appeared, the interview statement with certified photocopies of the marks of all the candidates, criteria for selection of the candidates, tabulated statement containing average marks allotted to the candidates from matriculation to M.Sc. during the selection process with the signatures of the members/officers and certified copy of the merit list. The answer book usually contains not only the signature and code number of the examiner, but also the signatures and code number of the scrutiniser/co-ordinator/head examiner. The information as to the names or particulars of the examiners/co- ordinators/scrutinisers/head examiners are therefore exempted from disclosure under Section 8(1)(g) of the RTI Act, on the ground that if such information is disclosed, it may endanger their physical safety. The possibility of a failed candidate attempting to take revenge from such persons cannot be ruled out. On the one hand, it is likely to expose the members of the Interview Board to harm and, on the other, such disclosure would serve no fruitful much less any public purpose. Furthermore, the view of the High Court in the judgment under appeal that element of bias can be traced and would be crystallized only if the names and addresses of the examiners/interviewers are furnished is without any substance. The element of bias can hardly be co-related with the disclosure of the names and addresses of the interviewers. Bias is not a ground which can be considered for or against a party making an application to which exemption under Section 8 is pleaded as a defence. Bihar Public Service Commission is not bound to disclose the information asked for by the applicant under Query No.1 of the application.

Summary

Issues Involved:
1. Duty of the Commission to disclose names of Interview Board members.
2. Applicability of Section 8 exemptions under the Right to Information Act, 2005.
3. Fiduciary relationship between the Commission and the interviewers/examinees.
4. Balancing right to information with right to privacy.

Issue-wise Detailed Analysis:

1. Duty of the Commission to Disclose Names of Interview Board Members:
The Supreme Court examined whether the Commission was obligated to disclose the names of the members of the Interview Board. The Court noted that the Commission completed the selection process based on viva voce tests and recommended the selected candidates to the State of Bihar. The respondent sought information under the Right to Information Act, 2005, which included the names and addresses of the Interview Board members. The Court held that the Commission was not bound to disclose this information as it could endanger the lives or physical safety of the members and would serve no public purpose.

2. Applicability of Section 8 Exemptions under the Right to Information Act, 2005:
The Court analyzed the applicability of Section 8 exemptions, particularly Sections 8(1)(e) and 8(1)(g). Section 8(1)(e) exempts information available in fiduciary relationships unless larger public interest warrants disclosure. Section 8(1)(g) exempts information whose disclosure would endanger life or physical safety. The Court concluded that the Commission could claim exemption under Section 8(1)(g) because disclosing the names and addresses of Interview Board members could endanger their lives or physical safety.

3. Fiduciary Relationship between the Commission and the Interviewers/Examinees:
The Court referred to the Central Board of Secondary Education & Anr. v. Aditya Bandopadhyay & Ors. to determine if a fiduciary relationship existed. It held that the Commission did not have a fiduciary relationship with the interviewers or candidates. The relationship between the examining body and the interviewers was likened to a principal-agent relationship, not a fiduciary one. Therefore, the Commission could not claim exemption under Section 8(1)(e).

4. Balancing Right to Information with Right to Privacy:
The Court emphasized the need to balance the right to information with the right to privacy, as enshrined in Article 21 of the Constitution. It stated that while the right to information is fundamental, it is not uncontrolled and must be balanced against the right to privacy. The Court noted that the disclosure of the names and addresses of Interview Board members would not only endanger their safety but also invade their privacy without serving any larger public interest.

Conclusion:
The Supreme Court accepted the appeal, set aside the judgment of the High Court, and held that the Commission was not bound to disclose the names and addresses of the Interview Board members. The Court emphasized that the right to information must be balanced with the right to privacy and that exemptions under Section 8 of the Act were applicable in this case to protect the safety and privacy of the Interview Board members.