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Showing contexts for: Physically handicapped in Mr. D. Radha Krishna vs Union Public Service Commission (Upsc) on 29 October, 2008Matching Fragments
By an application of 18.12.06 Shri D. Radha Krishna of Vishakhapatnam applied to Shri V.P. Singh, Jt. Secretary (Exams), UPSC seeking the following information:
"1. How many marks I scored i.e. in written test and interview?
2. How many total marks were scored by each finally selected Physically Handicapped (PH) candidates i.e. all selected PH candidates marks individually?
3. Where will the vacancy, if any, arising due to resignation by any PH after joining go i.e. either to the next recruitment or to the waiting list, if any?"
"In any organization particularly like UPSC transparency and accountability in recruitment process increase the integrity, strength and efficacy of the body. No doubt we have unwavering faith in your recruitment. I am not asking or raising doubts about selection list. Still I want my status where I stood in the entire list of candidates called for interview. During interview my age was more than 30 years. And I am also an orthopaedically handicapped person. Keeping in view all these circumstances and on humanitarian ground, please provide the information of marks of all selected physically handicapped candidates category wise."
The appeal was heard on 27.10.2008. The following are present:
Appellant Shri D. Radha Krishna Respondents Shri Naresh Kaushik, Advocate Ms. Amita Kalkal, Advocate Shri Satish Dayanandan, Advocate Ms. Kalpana, Jt. Secretary UPSC Shri Naresh Kumar, Learned Counsel for UPSC submitted that because the examination process is now complete, the cut off marks of all Physically Handicapped (PH) candidates have in fact been provided to appellant Shri Radha Krishna. He submitted that this would also help appellant Shri Radha Krishna to determine as to where his weakness lay, whether in the written examination or in the interview based upon a comparison of his own marks and those of successful physically handicapped candidates.
Appellant Shri Radha Krishna insisted, however, what he wanted was the marks with regard to each of these candidates. Upon this Ms. Kalpana, Jt. Secretary, UPSC submitted that this is the third party information held by UPSC in confidence. Disclosure of these marks has been considered by the UPSC to amount to invasion of a candidate's privacy.
The issue before us is therefore, clearly one: - whether the mark sheet of the individual physically handicapped candidates is discloseable under the RTI Act, 2005.