Right to know competitor marks in government exams
The Supreme Court recently upheld a ruling by the Bombay High Court, which concluded that a request for disclosing the marks obtained by other candidates in a public examination, under the Right to Information Act, 2005, in the public interest, cannot be refused.
In a judgment dated November 11, 2024, the High Court granted the Respondent’s request for the disclosure of marks, including his own, from the recruitment process for the Junior Clerk position at the District Court, Pune, under the RTI Act.
The Respondent argued that, despite securing a rank and being invited for an interview, he was not selected. He filed a request under the RTI Act to obtain information about the results and selection process, but his application was rejected on the grounds that the information was deemed "confidential."
The High Court dismissed this argument, stating that marks obtained by candidates in such a selection process are not typically considered “personal information” with no connection to public activity or interest.
The High Court observed:
"The legislature has not exempted all personal information under Section 8(1)(j), but only that personal information which has no connection to public activity or interest... Likewise, in the case of a public examination for a public post, we question whether revealing candidates' marks would constitute an unwarranted invasion of privacy. The term “unwarranted” indicates that not every invasion of privacy is exempt from disclosure; only those considered unnecessary."
This ruling was later affirmed by a bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah, who remarked:
"We also believe that, although the disclosure of marks may fall under the category of personal information, it is essential for public interest and must be disclosed under the RTI Act, 2005. Such information is necessary to ensure transparency in the process."
Case Details: PUBLIC INFORMATION OFFICER AND REGISTRAR & ANR v. ONKAR DATTATRAY KALMANKAR & ANR.| Special Leave to Appeal (C) No(s). 2783/2025
Видео Right to know competitor marks in government exams канала Komal Khatod Gour
right to information, RTI, government exams, public information, confidential information
In a judgment dated November 11, 2024, the High Court granted the Respondent’s request for the disclosure of marks, including his own, from the recruitment process for the Junior Clerk position at the District Court, Pune, under the RTI Act.
The Respondent argued that, despite securing a rank and being invited for an interview, he was not selected. He filed a request under the RTI Act to obtain information about the results and selection process, but his application was rejected on the grounds that the information was deemed "confidential."
The High Court dismissed this argument, stating that marks obtained by candidates in such a selection process are not typically considered “personal information” with no connection to public activity or interest.
The High Court observed:
"The legislature has not exempted all personal information under Section 8(1)(j), but only that personal information which has no connection to public activity or interest... Likewise, in the case of a public examination for a public post, we question whether revealing candidates' marks would constitute an unwarranted invasion of privacy. The term “unwarranted” indicates that not every invasion of privacy is exempt from disclosure; only those considered unnecessary."
This ruling was later affirmed by a bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah, who remarked:
"We also believe that, although the disclosure of marks may fall under the category of personal information, it is essential for public interest and must be disclosed under the RTI Act, 2005. Such information is necessary to ensure transparency in the process."
Case Details: PUBLIC INFORMATION OFFICER AND REGISTRAR & ANR v. ONKAR DATTATRAY KALMANKAR & ANR.| Special Leave to Appeal (C) No(s). 2783/2025
Видео Right to know competitor marks in government exams канала Komal Khatod Gour
right to information, RTI, government exams, public information, confidential information
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18 февраля 2025 г. 18:59:59
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