HC: RTI applicants can seek marks of fellow candidates

Prayagraj: The Allahabad high court has ruled that marks obtained by candidates in public examinations are not confidential and can be disclosed under the Right to Information (RTI) Act without requiring consent from the third party as long as the request comes from another candidate of the same exam.A division bench of Justice Ajit Kumar and Justice Swarupama Chaturvedi, in a judgment dated Feb 26, held that marks secured in a public test do not fall within the category of private or sensitive information that attracts protection under section 8 of the RTI Act. "However, if an outsider seeks such information, the department may take the defence of confidentiality," the bench added. The court drew a distinction between marks and answer sheets, observing that providing photocopies may reveal the identity and signatures of examiners, or other sensitive details not meant for disclosure. In such cases, authorities may allow candidates to inspect answer sheets instead of issuing photocopies. "There is no vested right in an applicant to obtain photocopies of another candidate's answer sheets. He is entitled to the photocopy of only his own," the bench said. The judgment came on a writ petition filed by the Union of India through the GM, Diesel Locomotive Works (DLW), Varanasi. In 2008, one Santosh Kumar had sought marksheets of three candidates—including himself—under RTI after appearing in a Railways exam for the post of legal assistant. While authorities allowed him to inspect the answer sheets, they did not provide photocopies. He moved the The Central Information Commission (CIC), Delhi, which directed Railways to supply photocopies, prompting DLW to seek a review, which was rejected. This led to the writ petition before the high court. The bench said personal information unrelated to public interest may be withheld to avoid unwarranted invasion of privacy. But if disclosure serves public interest, it must be provided. Referring to section 11 of the RTI Act, the court said adequate safeguards exist when third-party information is sought, including mandatory notice to the third party. The key concern, it noted, is maintaining confidentiality and respecting the right to privacy. The court also observed that information could be withheld if an inquiry involving the candidate was pending. The bench held that while the marks requested by the RTI applicant should have been provided, authorities cannot be compelled to release photocopies of answer sheets. Departments may frame their own rules regarding such disclosures, the court added. It clarified that permitting an applicant to inspect records satisfies the requirements of the RTI Act if the purpose of the request is met. "Furnishing relevant information satisfies the application. It is not always necessary to provide copies of official documents if the department believes inspection is sufficient," the court said.