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The CPIO furnished a reply to the appellant on 10.06.2021 stating as follows:-

"..............Copy of OMR Sheets bearing Roll No.0006244 of Paper -1 86 11 ale enclosed herewith Paper-Ill containing evaluated conventional type of answer sheets cannot be provided as per the decision of Hon'ble Supreme Court in Civil Appeal No.(s) 6159-6162 of 2013 ( UPSC Vs Angesh Kumar & Other etc.) with CA No. 5924/2013 ( Joint Directors and CPIO and Others Vs TR Rajesh)."

Being dissatisfied, the appellant filed a First Appeal dated 28.06.2021. FAA's order dated 19.07.2021 upheld the reply of CPIO.

Feeling aggrieved and dissatisfied, the appellant approached the Commission with the instant Second Appeal stating as under:

"copies of OMR sheet of Paper I and Paper ll, without evaluation and marks, have been provided. Copy of Paper lll has not been provided, citing decision of the Hon'ble Supreme Court of lndia in civil Appeal Numbers 6159-6162 of 2013(UPSC vs Angesh Kumar and other etc.) with C.A. No. 5924i2013(Joint Director & CPIO and Others Vs. T.R. Rajesh)."

Relevant Facts emerging during Hearing:

The Commission at the outset observed that in denying the answer sheet to the Appellants, the Respondent has been citing a decision of the Apex Court, which is neither applicable nor relevant to the examination held by them. Perusal of the decision reveals that the scope of the Apex Court decision in Angesh Kumar‟s case specifically deals with the Competitive exams. The Hon'ble Supreme Court in the matter of UPSC vs. Angesh Kumar &Ors in Civil Appeal No. (s) 6159-6162 of 2013 decided on 20.02.2018 had observed that as following:

Decision:

The Commission based on a perusal of the facts on record has duly taken into consideration the reliance placed by the Appellant on the decision taken by the coordinate bench with respect to the applicability of the Angesh Kumar ratio decidendi to cases where answer sheets of Limited Departmental Competitive Exams is being sought for. For better appreciation of the case, the relevant portions of the judgment in the Angesh Kumar matter vide Civil Appeal No(s). 6159-6162 of 2013 with C.A No. 5924/2013 is reproduced hereunder, starting with the issue for determination: