Bombay HC directs MPSC to give applicant copy of answersheet during examination process

MUMBAI: Bombay high court on Augst 4 directed the MPSC to provide the answer sheet of a main examination held for appointment of Civil Judge Junior Division and Judicial Magistrate First Class, to an aspirant, before the results are declared. The HC said the rules nowhere state the answer sheet can only be shared after the examination process is complete.The HC however said, “We make it clear that we are not expressing any opinion on such contention and the same is kept open, to be decided in the appropriate proceedings in the event if occasion arises.’’ Adnan Abbas Mookhtiar, petitioned the HC saying he had appeared for the main entrance examination pursuant to an advertisement issued by the Maharashtra Public Service Commission (MPSC). He had under the Right to Information Act of 2005 approached the authority for a photocopy of his answersheet. His request was rejected on the ground the examination process is not yet completed. The First Appellate Authority also rejected the application.Before the HC division bench of Justices M S Karnik and NR Borkar, his lawyer said the rules and ‘general instructions to candidates’ by MPSC, allow for a copy to be handed over on a request under the RTI.The MPSC argued that if answersheets are shared before the results—when examination process is still on—it may lead to stalling of the examination process.The HC said the candidate has a limited request an the rules do not specify that the answersheet copy will be given only once process is complete.The issue whether he can claim any relief based on the answersheet copy is a separate matter, the HC said and directed MPSC to hand him a copy of his answersheet in a week.The HC disposed of the petition, keeping all contentions open and said MPSC can proceed with the examination process.