Allahabad High Court
Atul Kumar vs U.P. Public Service Commission ... on 18 November, 2019
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 23 Case :- SERVICE SINGLE No. - 31655 of 2019 Petitioner :- Atul Kumar Respondent :- U.P. Public Service Commission Prayagraj And Another Counsel for Petitioner :- Shashi Saurabh Tiwari Counsel for Respondent :- Ashok Shukla Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Shashi Saurabh Tiwari, learned counsel for the petitioner and learned Standing Counsel for the opposite parties.
Sri Ashok Shukla, learned counsel has accepted notice on behalf of U.P. Public Service Commission.
The petitioner appeared in the written examination of Combined Junior Engineer (General / Special Recruitment) Examination, 2013. He has not been successful and has not been selected.
He has filed this petition seeking a direction that his answer books of the written examination of Combined Junior Engineer (General / Special Recruitment) Examination, 2013 be supplied to him.
The petitioner in support of the above submission has relied upon the decision of the Supreme Court dated 16th July, 2018 passed in Civil Appeal No. 6723 of 2018 Mradul Mishra Vs. Chairman U.P. Public Service Commission Allahabad and Another. The aforesaid decision opines that permitting a candidate to inspect answer sheet does not involve any public interest and nor does it even affect the efficient operation of the Government. The other issue such as that confidentiality of sensitive information have been dealt with in the case of Central Board of Secondary Education and Another Vs. Aditya Bandopadhyay and Others (2011) 8 SCC 497 and, therefore, the candidates are entitled to inspect the answer sheet subject to maintaining confidentiality of the examiner.
In the case of Union Public Service Commission and Others Vs. Angesh Kumar and Others (2018) 4 SCC 530, the Apex Court laid down that the marks of Civil Services Exam cannot be directed to be furnished mechanically but only where the Court finds that public interest requires furnishing of information, the Court can certainly direct for giving the information so required.
The above decision is only with regard to furnishing of information and not with regard to showing or supplying the answer books to the candidate.
In the case of Mradul Mishra (supra), the Apex Court has ruled that the candidates are entitled to inspect the answer sheets.
In view of the aforesaid facts and circumstances, as the petitioner is asking for inspecting the answer sheets of the written examination, I am of the opinion that petitioner is entitled to the same subject to maintaining of the confidentiality of the examiner. Accordingly a writ of mandamus is issued to the respondents to allow the petitioner to inspect the answer books on a given date which may be convenient to both the parties.
The writ petition stands disposed off.
Order Date :- 18.11.2019 Om [Rajesh Singh Chauhan, J.]