Allahabad High Court
Vishwajeet Yadav And 2 Others vs Secretary, U.P. Public Service ... on 28 February, 2020
Author: Pankaj Bhatia
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 30 Case :- WRIT - A No. - 3280 of 2020 Petitioner :- Vishwajeet Yadav And 2 Others Respondent :- Secretary, U.P. Public Service Commission Allahabad Counsel for Petitioner :- Vinod Kumar Yadav Counsel for Respondent :- M.N. Singh Hon'ble Pankaj Bhatia,J.
The petitioners seek a direction in the nature of mandamus to provide answer books of written examinations for the post of Junior Engineer (General/Special Recruitment) Examination-2013 fixing a convenient date to the petitioners to inspect their answer book bearing Roll Nos. 032465, 017334 and 039465 for the said written examination.
Heard learned counsel for the petitioners and Sri M.N. Singh, learned Counsel appearing on behalf of the U.P. Public Service Commission.
Looking to the controversy involved, learned counsel for the respondents does not propose to file a counter affidavit.
Admit.
This petition is being heard forthwith.
The petitioners have relied upon a Division Bench decision of this Court in Writ-A No. 13943 of 2019, Shah Alam Khan vs. U.P. Public Service Commission and 2 another, decided on 16.09.2019, where their Lordships following the decision of the Supreme Court in Civil Appeal No. 6723 of 2018, Mradul Mishra vs. Chairman U.P. Public Service Commission, Allahabad and another, decided on 16th July, 2018 held that going by the said decision, the law is that permitting a candidate to inspect answer sheet does not involve any public interest nor does it affect the efficient operation of the government. However, at the same time, the issue of confidentiality of sensitive information has also been considered by the Division Bench in view of a decision of the Supreme Court in Central Board of Secondary Education and Another vs. Aditya Bandopadhyay and others, 2011 (8) SCC 497. The Division Bench has remarked that candidates are entitled to inspect answer sheet subject to maintaining confidentiality of the examiner. The Division Bench distinguished the decision in Union Public Service Commission and others vs. Angesh Kumar and Others, 2018 (4) SCC 530 which related to provision of certain information as distinct from the right of the candidates to be shown their scripts.
The petitioners here seek to inspect their script/answer books relating to the written examination of Junior Engineer (General/Special Recruitment) Examination-2013. The said prayer does not involve disclosure of any confidential information but a right that is founded on the law that has been laid down in Mradul Mishra (supra) and followed by the Division Bench of this Court in Shah Alam Khan (supra). It is clear that a candidate asking to inspect his answer sheets is to be granted that facility subject, of course, to maintaining confidentiality of the examiner.
Considering the entire facts and circumstances of the case, let a mandamus be issued to the respondent-Commission to allow the petitioners to inspect their answer sheets bearing Roll Nos. 032465, 017334 and 039465 relating to the written examination of Junior Engineer (General/Special Recruitment) Examination-2013 on a date and time to be conveyed by the respondent-Commission to the petitioners giving them a clear margin of seven days. However, the aforesaid date shall not be beyond a period of one month of date.
The writ petition is allowed, accordingly. There shall be no order as to costs.
Order Date :- 28.2.2020 Puspendra