Jump to content
News Ticker
  • NPAs under PM Modi's Mudra scheme jumped 126% in FY19
  • shows RTI
  • RTI query reveals banking frauds of ₹ 2.05 Trillion reported in the last 11 years
  • 509 per cent rise in cases under child labour law: Study
  • The Central Information Commission has allowed disclosure of file notings on the mercy petition of a rape and murder convict, rejecting the government's contention that the records cannot be disclosed as these are privileged documents under Article 74(2) of the Constitution.
  • Electoral bonds worth over ₹5,800 crore were bought by donors to fund political parties between March 1, 2018 and May 10, 2019, a Right to Information reply has said.
  • Don't pay 500/- for answer sheet now- Supreme Court says if Answer sheet is asked under RTI, RTI Fees will be governed
Shrawan

Central Information Commission opens up UPSC finally: A landmark judgement

Recommended Posts

Shrawan

In a landmark judgement Central Information Commission in a full bench ordered Union Public Service Commission to disclose the marks assigned to each of the applicants for the Civil Services Preliminary Examination 2006 in General Studies and in Optional Papers & also disclose the cut-off marks fixed in respect of the General Studies paper and in respect of each of the Optional Papers and if no such cut-off marks are there, it shall disclose the subject-wise marks assigned to short-listed candidates

  1. The UPSC shall, within two weeks from the date of this order, disclose the marks assigned to each of the applicants for the Civil Services Preliminary Examination 2006 in General Studies and in Optional Papers; and
  2. The UPSC, within two weeks from the date of this order, shall also disclose the cut-off marks fixed in respect of the General Studies paper and in respect of each of the Optional Papers and if no such cut-off marks are there, it shall disclose the subject-wise marks assigned to short-listed candidates; and
  3. The UPSC shall examine and consider under Section 8(1) (d) of the RTI Act the disclosure of the scaling system as it involves larger public interest in providing a level playing field for all aspirants and shall place the matter before the Competent Authority within one month from the date of this order. This will also cover the issue of disclosure of model answers, which we recommend should in any case be made public from time to time. In doing so, it shall duly take into account the provisions of Section 9 of the RTI Act.

The appeal was filed asking for:

 

  1. Total marks scored by the appellant in written papers as well as interview should be disclosed.
  2. The procedure and the technique that are followed to determine the cut-off point (or level of score of marks) to draw the line between successful candidates and others should be disclosed for each category of aspirants.
  3. Since the action relating to determination and application of cut-off point being an extremely critical factor in life and career of a person should fall under public domain, the information sought should be furnished since the matter is complete and over.
  4. On the grievance that the Selection Committee was not properly composed, there is no provision in the RTI Act for redress of such grievance. However, in order to ensure that persons of high caliber and integrity are associated with the process of selection, the composition of such Boards/Committees should be made public after the entire process of selection is over.

Some of the Civil Service aspirants who have appeared for the Civil Services preliminary examination, 2006, including one Shiv Shambhu and many other applicants applied to the UPSC seeking the following information:

  • Separate cut-off marks for General Studies and for every optional
  • subject for different categories such as General, OBC, SC/ST and PH;
  • Details of marks obtained by each candidate;
  • Model answers for each series of every subject;
  • Reasons behind re-conducting

UPSC consults the subject experts, designs the questions papers, and takes model answers in respect of each of such question papers. The question papers, which are prepared by subject experts for UPSC in a particular manner, are original literary works and as such copyright in respect thereto vests in the UPSC. Since this literary work has been done by the subject experts on behalf of the UPSC, it can legitimately claim copyrights thereof and can thereby restrict its circulation or can exclude others from circulating it. Since copyrights are part of Intellectual Property right, which is covered under Section 8(1) (d) of the Right to Information Act, this Commission cannot order its disclosure. Under Section 8 (1) of the RTI Act, the UPSC, therefore, has no obligation to disclose any such material unless it is satisfied that larger public interest warrants the disclosure of such information.

 

 

 

The decision agreed to by the Full Bench is announced by the Chief Information Commissioner on this the 13th day of November 2006.

  • Like 5

Share this post


Link to post
Share on other sites
brijeshbhatt

Decision is really a Landmark it will certinly act as good precedent for others. Now UPSC should start disclosing cut off for all exams conducted by it.

Brijesh

Share this post


Link to post
Share on other sites
aparna

I still do not understand as to why UPSC thinks that the decision not to show the marks/cutoff is an copyrighted stuff?

 

Also will this allow all the previous batches to get the marks of preliminary exam, and also the cutoff?

Share this post


Link to post
Share on other sites
brijeshbhatt

UPSC is claiming Copyright only on questions and model answers prepared by its experts!

Copyright can been claimed in Orignal Literary work only. In case of UPSC it has to been seen on what basis they claimed it but one thing is sure that whatever they claimed as copyright they got sucess.

As far as pervious batches are concerned they can also get their marks and cutoff nothing stops them.

  • Like 1

Share this post


Link to post
Share on other sites
maneesh
I still do not understand as to why UPSC thinks that the decision not to show the marks/cutoff is an copyrighted stuff?

I believe the alibie of copyright by UPSC is only a precautionary measure to ward off future litigations. As once the marks and correct answer are declared there may be some cases where some candidates would like to take recourse to courts.

 

Also will this allow all the previous batches to get the marks of preliminary exam, and also the cutoff?

 

The order talks about the disclosure of answers for 2006. I believe it is applicable for the prospective period.

In order to have a retrospective effective the judgement should specifically mention this.

Share this post


Link to post
Share on other sites
Shrawan

I will add to what Brajesh said.

 

The UPSC had argued that the scaling method and the question and answer keys were its intellectual property and could not be disclosed as they did not involve public interest.

 

However, the CIC ruled that the information would provide a level playing field to all the candidates and, therefore, it constituted larger public interest. But the CIC has conceded that since the UPSC consulted experts in designing question papers and obtaining answers -- which come under the purview of "literary work" protected under relevant sections of the Right to Information Act and also of the Copyright Act -- it could not order its disclosure.

 

But the CIC has also contended that the protection clause comes into play only when disclosing information impinges on the Copyright of an individual, not when it is infringement of Copyright of the State.

 

It has given the UPSC one month to deal with the issue and report back to the competent authority. So you need to cross your fingers till one month pass and UPSC finally decide about this issue.

 

Yes Brajesh & Maneesh, technically speaking all batches can get info about marks, if they are so preserved by UPSC? ;)

Share this post


Link to post
Share on other sites
maneesh

All marks info are preserved by UPSC. Lets see whether they disclose the past one as well.

Share this post


Link to post
Share on other sites
brijeshbhatt

Thanks Kaushal for your detaled explaination.

Let someone apply and we wait for UPSC's Reply

Share this post


Link to post
Share on other sites
Latha Ramesh

Any updates on this topic so far?

I would like to know.

Share this post


Link to post
Share on other sites
ganpat1956

Only update available is that during the end of Nov.2006, the UPSC has moved the High Court filing a writ petition and seeking a stay on the operation of the CIC decision till the outcome of the writ petition. You can read the full text of this report under the "news" section in our home-page.

  • Like 1

Share this post


Link to post
Share on other sites
ganpat1956

New Delhi, April 17: Upholding the Central Information Commission's (CIC) order, the Delhi High Court today asked the Union Public Service Commission (UPSC) to disclose the cut-off marks of the civil services preliminary examination.

 

Source: Dailyindia.com/ANI

  • Like 2

Share this post


Link to post
Share on other sites
sunil sri

It is a landmark judgement.

 

let me know any judgement regarding obtaining answer sheet of GATE.

Share this post


Link to post
Share on other sites
karira

Sunil,

Don't get so excited as yet !

There are several decisions of CIC not allowing inspection of answer sheets, etc. The justification given was that for open large scale exams, the numbers are too large for opening up everything to candidates. However, for smaller exams like departmental exams for promotion, etc., the public authority must allow access to the answer sheets.

Why don't you make a RTI application for your GATE answer sheet and find out ?

Share this post


Link to post
Share on other sites
sunil sri

karira,

 

Thanks. I am aware of the judgement and however, operative portion of the judgement is similar to earlier to which I quoted as "landmark judgement".

 

Section 8(1)(g) though speaks about third party and larger public interest. However, it clearly specifies that this is within prerogative of the CPIO or SPIO to decide whether it is in larger public interest or not.

Thus, CPIOs and SPIOs can deny to furnish information in certain cases by analysing the facts in detail.

Share this post


Link to post
Share on other sites
karira

Just heard on a news channel (DD News) today that a bench of the Delhi High Court has stayed the earlier order of the single judge bench till July.

But cannot get any article posted on the net as yet. Will locate and post.

Share this post


Link to post
Share on other sites
karira

Here is the news item about Delhi High Court order on UPSC disclosures under RTI:

 

Court suspends order to disclose UPSC scores

 

 

By IANS

Monday May 21, 03:22 PM

New Delhi, May 21 (IANS) The Delhi High Court Monday suspended its order to the Union Public Service Commission (UPSC) to disclose cut-off marks and individual scores of candidates for the 2006 Civil Service Preliminary Examination.

 

Responding to the UPSC's petition challenging the order, a division bench of Chief Justice M.K. Sharma and Justice Sanjeev Khanna suspended Justice B.D. Ahmed's April 17 ruling till July 30.

 

While staying the order, the chief justice's bench directed the UPSC to place all the original records in a sealed cover before it.

 

The bench also issued notices to all 25 candidates, who had earlier approached the Central Information Commission (CIC) seeking disclosure of the cut off marks in the examination.

 

Justice Ahmed had on April 17 upheld the CIC's order on need for transparency in UPSC examination pattern and the evaluation process of the answer-sheets saying: 'Disclosure of information as directed by CIC cannot harm the interest of UPSC or any third party. The approach of CIC in this matter has been in correct perspective.'

 

The CIC, headed by Chief Information Commissioner Wajahat Habibullah, had on Nov 13, 2006 passed the order on separate applications filed by over 100 unsuccessful candidates seeking disclosure of the marks obtained by them in the preliminary examination in 2006.

 

 

 

Court suspends order to disclose UPSC scores

  • Like 1

Share this post


Link to post
Share on other sites
maneesh

Good Work Karira

  • Like 1

Share this post


Link to post
Share on other sites
karira

The Union Public Service Commission, which conducts the Civil Services examination among others, is an organisation with a track record of fairness. It is surprising then that the Commission refuses to disclose marks obtained by aspirants in the preliminary examination, the cut-off marks for successful students or the scaling formula that it adopts to bring parity among subjects. "Disclosure of the marks, if anything, will help students know their weak points and prepare better for their next attempt, Gupta says. Nila Mohanan agrees. "I would like to know my marks in the preliminary examination. As for the Main, the only way to know the marks is by not qualifying, which makes no sense because even those who have qualified would like to know how they have fared in different subjects."

 

The controversy over the right to information about the marks scored by students started in August last year when a group of aspirants, under the aegis of "Transparency Seekers", approached the UPSC for their individual marks in the preliminary examination and also the cut-off marks for the General Studies and optional papers. When the UPSC refused to disclose the marks, the students appealed in the Central Information Commission for the necessary information under the Right to Information (RTI) Act.

 

On November 13, 2006, Wajahat Habibullah, the Chief Information Commissioner ordered the UPSC to disclose the marks obtained by the aggrieved students, and the cut-off marks for the successful candidates in each subject and if there were no cut-off marks, then the model answer sheets for each subject. In his order the CIC directed the UPSC to do the needful within three weeks. He had rejected the UPSC's plea that disclosing the marks would make public the UPSC's "scientific scaling system", which was protected under the Copyright Act. The CIC had then said that disclosure of the scaling system too should be considered in the "larger public interest".

 

The UPSC, however, went to the Delhi High Court against the CIC order saying if the marks secured by the candidates was disclosed it could be misused by the coaching institutes and this would harm the interest of meritorious candidates. The Commission also pleaded that its scaling system was too sensitive to be disclosed in an open court. This argument was, however, rejected by Justice B.D. Ahmad, who directed the UPSC on April 17, to disclose the marks obtained by the candidates and also put the model answer sheet on the Internet. Justice Ahmad, in his order, said that the disclosures could harm the interest of the UPSC or any third party and the CIC order in this regard was in the "correct perspective".

 

The UPSC, however, appealed against the order on May 3, saying its examination pattern, and the evaluation process would be damaged if the individual scores, cut-off marks in each subject and the grading and scaling systems were disclosed. In its petition, the UPSC also contended that if the marks are disclosed, it would lead to mushrooming of coaching institutes of interested group of aspirants all over the country. "Disclosure of the information sought for has the potential to cause serious damage to the examination system," the petition said.

 

On May 22, a Division Bench comprising Chief Justice M.K. Sharma and Justice Sanjiv Khanna suspended Justice Ahmad's order until July 30 and directed the UPSC to place all the original records in a sealed cover before it.

 

Meanwhile, the students demanding the disclosure of their marks have also filed a petition before the High Court seeking a stay on the appointment of successful candidates until the matter is adjudicated. They have alleged that the UPSC's selection process was full of irregularities. Experts are at a loss to understand why the UPSC, whose credentials are not in doubt, is scared to disclose the marks.

 

Interestingly, it is not the candidates alone who have to face the UPSC's silence in this matter. Even its nodal Ministry, the Department of Personnel and Training, has been given a similar treatment for several months now.

The Department had sought details of the marks scored by general and reserved category candidates in the main paper and interview following a complaint received by the Prime Minister's Office from a reserved category candidate alleging bias at the interview. Despite repeated reminders, the UPSC has not provided any information.

 

The UPSC has antagonised the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice also in a different way. The Committee, which tabled its report in Parliament recently, has taken exception to the UPSC's failure to appear before it. The committee, in its report, said: "The UPSC, under the pretext of constitutional status is trying to hide its inefficient working due to which many governmental organisations are headless for years together because the UPSC has not bothered to recommend the right candidates. Many institutes of the Department of Culture are examples of the apathy of the UPSC. There are even instances where the UPSC recommended some names for appointment but when the process of appointment started, it withdrew its recommendations. The National Archives of India and even the premier investigating agency, the Central Bureau of Investigation, are suffering shortage of staff owing to the apathy of the UPSC."

 

It further said that the UPSC, being a constitutional body, should uphold the high standards of "transparency and accountability" but strangely it was projecting itself as an institution above the law of the land and did not want to give information under the RTI Act. It did not want to reveal how it was spending the public money given to it and was accountable to none," the committee said. The committee further noted: "This attitude of the UPSC is reprehensible and falls within the purview of the breach of privilege of Parliament". It recommended that the government deliberate upon the situation at the highest level and take necessary action to ensure that such a grave lapse and subversion of democratic norms did not recur.

 

Experts agree that there is a "disconnect" between the UPSC and the government and also between the UPSC and the people. "The UPSC has a mind of its own. There seems to be a sense of apathy towards people's grievances. Otherwise why should it fight shy of being seen as fair," says V.P. Gupta. The UPSC, counters the charges by saying that in keeping with the provisions of the RTI Act it has taken all "proactive measures to meet the goal of expedient furnishing of information to citizens regarding the matters, which come under the functioning of the Commission".

 

According to information available on the UPSC website, 279 applications under the RTI Act have been received and only in 48 cases were applicants not entitled to access the documents pursuant to the requests. It further notes that replies were sent to each applicant and an attempt was made to provide all information that was sought for. "Only that information was withheld where the questions were of hypothetical nature or in the nature of seeking opinion in a matter or on such matters about which the UPSC has already made a reference to the government seeking exemption from the purview of the RTI Act," the Commission says. But experts say that the UPSC cannot be treated like a holy cow; in order to maintain its credibility, it will have to become accountable and answerable.

 

Quest for excellence

  • Like 1

Share this post


Link to post
Share on other sites
sunil sri

karira

 

your hardwork in this regard is highly appreciated.

Share this post


Link to post
Share on other sites
sidmis

Court tells UPSC to show marks

as reported by CHARU SUDAN KASTURI, The Telegraph

 

New Delhi, Sept. 3: Delhi High Court today dismissed a plea by the Union Public Service Commission seeking immunity from an order to disclose key details of civil service examinations that have so far been kept under wraps.

 

The 2006 Central Information Commission (CIC) decision upheld by the high court today ordered the UPSC to disclose students’ marks and cut-offs for the preliminary stages of its examinations.

 

The Right to Information Act watchdog had also ordered the UPSC to reveal the scaling procedure used to normalise scores between different subjects chosen by students — some subjects are more scoring than others.

 

Over four lakh students appear annually for the preliminary civil service exams that are marred by allegations of inaccurate marking or scoring of answer scripts that are never revealed to students.

 

“This is a major victory for students across India. The UPSC has been ordered to make its heavily guarded system of examinations transparent.

 

This will affect all students who sit for civil service exams in future,” Aman Lekhi, the senior advocate for students challenging the UPSC petition, said.

 

But UPSC sources said the commission may appeal against the high court verdict in the Supreme Court.

 

“Our argument remains that the disclosure of this information would hurt the exam process and expose it to manipulation,” a senior UPSC official said.

 

The Telegraph - Calcutta (Kolkata) | Nation | Court tells UPSC to show marks

Share this post


Link to post
Share on other sites
colnrkurup

One still fail to understand the logic behind the UPSC claim that it would expose to manipulation. In fact such disclosure will curtail any attempt for manipulation.

Share this post


Link to post
Share on other sites
karira

“Our argument remains that the disclosure of this information would hurt the exam process and expose it to manipulation,”

 

That is exactly the reason why they must be disclosed.

Share this post


Link to post
Share on other sites
sidmis

UPSC opposes transparency on selection process

as reported in MSN News, Tuesday, September 30, 2008

 

New Delhi: The Union Public Service Commission (UPSC) has opposed transparency in the civil service selection process on the ground that this would increase the probability of dummy candidates appearing for the examination.

Challenging a Delhi High Court order directing the UPSC to declare marks obtained by candidates appearing in the preliminary exams as well as the scoring methodology, it told the Supreme Court the availability of raw marks and scaled marks would reduce the civil services examination to a play-field of strategies and counter-strategies developed by coaching institutes.

 

Though a bench issued notice to 22 students on whose petition the high court had infused transparency in the examination system, it refused to stay implementation of that order. This means that until the SC decides the case, the UPSC will be bound under the Right to Information Act to declare marks scored by aspirants.

 

The UPSC also explained how its apprehension of dummy candidates appearing in exams could turn into reality. According to it, a lot of freedom is given to candidates in selecting optional subjects. And it is not necessary for a candidate to be a graduate in a particular discipline in order to opt a particular subject. “A candidate can select different subjects in different attempts. Since the preliminary exam is only to screen for serious candidates out of a large pool, they aren’t required to submit any proof of the details they fill in the application,” it said. Therefore, once raw marks and scaling marks are disclosed and inference drawn, there is likelihood of dummy candidates.

 

UPSC opposes transparency on selection process - National News ? News ? MSN India - News

Share this post


Link to post
Share on other sites
karira

Can anyone who has appeared for the Civil Services exams, please help in clarifying this "dummy candidate" issue. I am not able to understand it.

Share this post


Link to post
Share on other sites

  • Similar Content

    • Shrawan
      By Shrawan
      BANGALORE: In a landmark decision, the Karnataka Information Commission (KIC) has ruled that evaluated answer scripts should be made available to anybody who wishes to see them and cannot be kept confidential for the benefit of the examiners.
       
      The commission has ordered the Karnataka Public Service Commission (KPSC) to make available the answerscripts free of cost to applicant E Ramamurthy, who sought copies of four answer scripts of the Gazetted Probationers Examinations, 1998.
       
      State chief information commissioner K K Misra and state information officer K A Thippeswamy have rejected the KPSC's plea, which said that answer scripts cannot be made public as they are exempted under Sec 8 (i) (e) and 8 (i) (j) of the RTI Act, 2005.
       

      KIC observed.  
      More importantly, it has rejected the Central Information Commission's decision under Section 8 (i) (j) saying that seeking evaluated answer papers either his/her own or others is purely personal and has no relationship to any public interest or activity. "This view does not appear correct to this commission.
       
      Although the applicant is not to be asked the purpose for seeking information, in the present case, providing the information would ensure the impartiality, objectivity, and fairness of the evaluation by examiners appointed by public services commissions whose purpose incidentally is of utmost concern to the people," it stated.
       

      the KIC has held.
       
      [sourse: http://timesofindia.indiatimes.com/NEWS/India/Go_public_with_answer_scripts/articleshow/461240.cms]
    • speedoheck
      By speedoheck
      1. Can a government department refuse to accept two or more my identifying certificates on the grounds that "one identification has the middle name just initialized and the other has the middle name in the expanded form"? [could be a legal question actually]. This has happened even when the father's name(second level of identification) and date of birth(third level of identification) matches in both. This is specially in relation to the PAN card department about not accepting my certificates as valid to make changes in PAN card.
       
      2. How to frame RTI and to whom to frame RTI for this? A lot of us have middle names. Sometimes we initialize it, sometimes we expand it. Does just using the initials(in name or middle name) make us unidentifiable even when other layers of identification are provided? For instance, our former President was called S.Radhakrishnan and sometimes he expanded and sometimes he didn't. But that didn't make him ineligible for consideration of both names.
       
      3. Can I file RTI with Supreme Court asking for documents which show that just because a person's middle name(or name) is initialized doesn't make him ambiguous or unidentifiable, provided other layers of identification are provided.
       
      4. This can be a landmark RTI if we have a reply from, say, Supreme Court and can be used to quote in future RTIs. I'm sure people who have legal background have the answer already. Please share your views.

Announcements

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy