The High Court has held in its latest judgment that a candidate who appeared for the examination conducted by a public service commission can seek for copies for their own answer scripts along with the marks allotted to each question under the Right to Information Act.
A petition was filed by Karnataka Public Service Commission challenging the decision of the Karnataka Information Commissioner. Justice Suraj Govindraj on this matter partly allowed the petition and said that an applicant cannot seek for copies of evaluated answer scripts of any other person aprt from himself/herself.
It was decided that “The Information Commission has no power to remove or dismiss a public information officer already appointed by any public Authority for that organization. Stating that as a PIO would be discharging quasi-judicial functions while accepting or rejecting the application for information.
The court finally held that it is made clear that taking into account the scheme of the Act as it exists it is not for the KIC to ascertain as regards the education or other qualification of a person appointed as a PIO. It only exercises supervisory jurisdiction over the actions taken by the Public Information Officer and nothing else.
It observed “Freedom of Information being a fundamental right as also human right any person would be entitled to apply for and receive information especially pertains to himself who is held by any public authority.
The court further said that in the present case what the petitioner is seeking for is own evaluated answer script. He has not sought for any information relating to any third party or any confidential information, but has sought for information only pertaining to himself. Thus the court was of the view that in their considerate opinion the embargo in the decision of the Apex Court in Angesh Kumar would not be applicable.