Allahabad High Court
Anuj Dwivedi And 25 Others vs U.P. Public Service Commission And 2 ... on 10 July, 2020
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- WRIT - A No. - 5302 of 2020 Petitioner :- Anuj Dwivedi And 25 Others Respondent :- U.P. Public Service Commission And 2 Others Counsel for Petitioner :- Rahul Agarwal,Ajay Singh,Amrendra Nath Singh (Senior Adv.),Rajneesh Kumar Singh Counsel for Respondent :- M.N. Singh Hon'ble Ashwani Kumar Mishra,J.
This petition has been filed challenging the result of PCS (Mains) Written Examination 2018, declared by the U.P. Public Service Commission. The petitioners also appeared in the mains examination but have failed to qualify. The process of interview is scheduled to start from 13th July, 2020, and therefore, the petitioners are before this Court.
Sri A. N. Singh, learned Senior Counsel assisted by Sri Rahul Agrawal for the petitioners states that the Commission is not undertaking recruitment in transparent and fair manner, and therefore, the result of mains examination itself is vitiated. For substantiating such plea learned senior counsel has invited attention of the Court to the mark sheet of the recruitment undertaken in the year 2016 wherein the actual mark of candidate is shown alongwith scaled score. However, in the PCS Examination 2017 this process has been altered. It is also stated that despite a notice published on 28.1.2020 for scaled score and actual marks to be disclosed on the website of the Commission, the Commission has actually not disclosed the marks. It is also submitted that petitioner's application for obtaining relevant information under RTI Act is not being entertained. Submission is that entire process lacks fairness and petitioners have no remedy except to approach this Court.
Sri M. N. Singh, learned counsel appearing for the Commission on the other hand contends that recruitment process is still in the process and as such any request for furnishing information under RTI cannot be entertained, at this stage. It is also urged that as and when the recruitment process is concluded all applications under RTI would be entertained and processed as per law. Submission is that grievance of the petitioners is without substance and premature at this stage.
I have heard learned counsel for the parties and have perused the materials brought on record.
The present writ petition appears to have been filed on the basis of apprehensions alone inasmuch as no substantial issue is highlighted before the Court which may persuade the Court to interfere in the ongoing recruitment exercise where interview is yet to be held. The mark sheet relied upon by the petitioners for the year 2016 is annexure 2 to the writ petition. It contains marks awarded in personality test also. Such a mark sheet can be issued only after the recruitment process is concluded. The provisional mark sheet for the PCS Examination 2017 is similar. Occasion to issue a mark sheet therefore has not yet arisen. Actual and scaled score for the 2017 recruitment appears to have been disclosed on website of Commission vide public notice contained in Annexure-4 to the writ petition. So far as grievance regarding disclosure of marks and entertaining of application under RTI Act is concerned, it would be worth observing that confidentiality, associated with the recruitment process, cannot be compromised during the subsistence of recruitment process. The Commission has otherwise undertaken to furnish requisite information, including the marks obtained by candidates, after the process is concluded. The notice dated 28.1.2020, relied upon by the petitioners, is otherwise not related to the present recruitment. At this stage, therefore, no valid grievance is raised by the petitioners. Even otherwise, on the basis of unsubstantiated and vague allegations the result of written examination declared by the Commission cannot be interfered with.
Writ petition, accordingly, fails and is dismissed. Dismissal of this petition, however, would not preclude the petitioners from seeking information under the RTI Act after the recruitment process is concluded and the same shall be dealt with in accordance with law. Petitioners' marks in mains examination shall also be disclosed after the process is completed.
Order Date :- 10.7.2020 Ashok Kr.