Court upholds disclosure of candidate marks for public posts, emphasizing transparency in selection process. The court dismissed the petition challenging the Central Information Commissioner's order directing disclosure of marks obtained by the selected candidate ...
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Court upholds disclosure of candidate marks for public posts, emphasizing transparency in selection process.
The court dismissed the petition challenging the Central Information Commissioner's order directing disclosure of marks obtained by the selected candidate and the applicant for a public post. It held that the marks do not constitute personal information exempt from disclosure under Section 8 of the Right to Information Act. The court emphasized the importance of transparency in the selection process for public posts, ruling that such information does not fall under a fiduciary relationship exempted from disclosure.
Issues: Challenge to order of Central Information Commissioner directing disclosure of marks obtained by selected candidate and applicant; Exemption from disclosure under Section 8(1)(e) and (j) of the Right to Information Act, 2005.
Analysis:
1. The applicant sought information under the Right to Information Act regarding promotion criteria and performance scores. The petitioner disputed the order of the Central Information Commissioner directing disclosure of marks obtained by the selected candidate and the applicant under various heads. The petitioner argued for exemption from disclosure under Section 8(1)(e) and (j) of the Act.
2. The court considered the argument of the petitioner regarding exemption under Section 8(1)(e) of the Act, which pertains to information available in a fiduciary relationship. The court clarified that the person mentioned in this section is not synonymous with a public authority as defined in the Act. Information exempted under this section is that which comes to the knowledge of a person in confidence. The court emphasized that information available to a public authority cannot be considered as information in a fiduciary relationship.
3. The court further elaborated on the concept of a fiduciary relationship, emphasizing trust, confidence, loyalty, and care of assets. It provided examples of fiduciary relationships such as attorney-client, guardian-ward, principal-agent, etc. The court concluded that the selection process conducted by a public authority for a public post does not fall under a fiduciary relationship exempted from disclosure under Section 8(1)(e) of the Act.
4. Addressing the argument that the information sought is personal and unrelated to public activity, the court disagreed. It noted that the marks obtained by candidates for a public post are not personal information like medical history or personal assets. The court emphasized the importance of maintaining transparency in the selection process to instill confidence in all candidates.
5. The court determined that the marks obtained by candidates do not constitute personal information leading to an invasion of privacy. Consequently, the court dismissed the petition, finding no merit in the argument for exemption from disclosure under Section 8 of the Act.
6. In conclusion, the court upheld the order of the Central Information Commissioner, directing the disclosure of marks obtained by the selected candidate and the applicant, emphasizing transparency in the selection process for public posts.
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