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In our opinion no. Information which is forbidden by law or information of a nature, if disclosed, would defeat the provisions of any law or disclosure whereof is opposed to public policy, cannot be regarded as lawful and is to be ignored and no disclosure thereof can be made or directed to be made.- HC
Once a purposive interpretation is given to Section 8, it will be found that information forbidden to be published [Section 8(1)(b)] and information available in fiduciary relationship [Section 8(1)(e)] is exempt.
In our opinion, even though there is no express order of any court of law forbidding publication of marks [as is the want of Section 8(1)(b)] but the effect of bringing the regime of grades in place of marks and of dismissal of challenge thereto, is to forbid publication/disclosure of marks. Similarly, in the evaluation process prescribed by appellant, for guidance of its examiners, marks are only to arrive at a grade, perhaps as aforesaid to acquaint the examiners with the grading system and as a transitory stage in the shift from marks to grades.
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.
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.