Court dismisses petition challenging denial of answer sheet disclosure under RTI Act citing competitive harm

The court dismissed the petitioner's claim challenging the State Information Commission's order denying disclosure of answer sheets of Constables from a promotion examination under the Right to Information Act, 2005. The court held that the exemption under Section 8(1)(d) applied as disclosure could harm competitive positions. Additionally, the court ruled that Section 11 did not apply as third-party consent was not sought and no larger public interest was established for disclosure. Consequently, the petition was dismissed without costs.

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Issues:
Challenge to order of State Information Commission regarding disclosure of answer sheets under Right to Information Act, 2005.

Analysis:
The petitioner sought answer sheets of Constables from a promotion examination, denied under Section 8(1)(d) of the Act, 2005. Petitioner argued that the provision did not apply, as answer sheets were not commercial secrets. Respondent contended that disclosure could harm third-party interests under Section 8(1)(d), (e), and (j). The court noted that Section 8 exempts disclosure if it harms competitive position, which applied to the case. The petitioner's claim was dismissed as no illegality was found in denying the information.

Analysis:
The petitioner further argued that Section 11 allowed disclosure with third-party consent, which was not sought in this case. The court explained that consent was required only if larger public interest warranted disclosure, which was not established here. Therefore, Section 11 did not apply. The court found no merit in the case and dismissed the petition without costs.

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