Times of India- Mumbai Editionhttp://timesofindia.indiatimes.com/city/mumbai/Bombay-high-court-refuses-to-direct-UPSC-to-retain-4L-answersheets-of-2011/articleshow/14518293.cms
HC refuses to direct UPSC to retain 4L answersheets of 2011
Rosy Sequeira TNN
Mumbai: The Bombay high court on Friday said it cannot issue a blanket direction to the Union Public Service Commission (UPSC) to retain around 4 lakh answersheets of the 2011 examinations. The results were declaredon May17.
A division bench of Justice Sharad Bobde and Justice Mridula Bhatkar was hearing a PIL filed by Prachi Pampattiwar and Prashant Chakkarwar, urging for such a direction to the UPSC as the answersheets will be destroyed on July 2. According to UPSC’s record retention schedule, answersheets are destroyed after 45 days of the declaration of results,exceptfor pending court/penalty/complaintcases.
The petition said many candidateswhowanttochallenge irregularities in the 2011 exams before the Central Administrative Tribunal (CAT) had filed applications under the RighttoInformation (RTI)Actto gettheir answersheets.But the UPSC refused to comply, claiming exemption under Section 8 (1) (d) of RTI Act applicable to information regarding commercial/trade secrets or intellectual property which will harm competitive position of a third party. “Irregularities and non-transparency in the recruitment process have resultedin thedenialof appointments...Withoutthe answersheets, candidates will not be able to approach the CAT as they will nothaveevidencetosupporttheir grievances,” said their advocateNigelQuraishy.
The judges observed the tribunal has wide powers to exerciseitsjurisdiction andthisissuecouldhavebeen presented before it. They also questioned the delay in moving the high court. “The candidates are students from across the country, including rural areas,” said Quraishy. Justice Bobde said, “Even minors, people of unsound mind and women approach the court. The students could have approached lawyers.” The judges issued notices to the UPSC andtheCentre and adjournedthe matter for twoweeks.
HC refuses to direct UPSC to retain 4L answersheets of 2011
Mumbai: The Bombay high court on Friday said it cannot issue a blanket direction to the Union Public Service Commission (UPSC) to retain around 4 lakh answersheets of the 2011 examinations. The results were declaredon May17.
A division bench of Justice Sharad Bobde and Justice Mridula Bhatkar was hearing a PIL filed by Prachi Pampattiwar and Prashant Chakkarwar, urging for such a direction to the UPSC as the answersheets will be destroyed on July 2. According to UPSC’s record retention schedule, answersheets are destroyed after 45 days of the declaration of results,exceptfor pending court/penalty/complaintcases.
The petition said many candidateswhowanttochallenge irregularities in the 2011 exams before the Central Administrative Tribunal (CAT) had filed applications under the RighttoInformation (RTI)Actto gettheir answersheets.But the UPSC refused to comply, claiming exemption under Section 8 (1) (d) of RTI Act applicable to information regarding commercial/trade secrets or intellectual property which will harm competitive position of a third party. “Irregularities and non-transparency in the recruitment process have resultedin thedenialof appointments...Withoutthe answersheets, candidates will not be able to approach the CAT as they will nothaveevidencetosupporttheir grievances,” said their advocateNigelQuraishy.
The judges observed the tribunal has wide powers to exerciseitsjurisdiction andthisissuecouldhavebeen presented before it. They also questioned the delay in moving the high court. “The candidates are students from across the country, including rural areas,” said Quraishy. Justice Bobde said, “Even minors, people of unsound mind and women approach the court. The students could have approached lawyers.” The judges issued notices to the UPSC andtheCentre and adjournedthe matter for twoweeks.
Sir,
ReplyDeleteThe news report says that the court has refused to direct upsc to preserve answersheets. Does that not mean it can destroy them after July 2? And in upsc website, does it not say that only those ans scripts will be preserved whose complaint/cases in court are pending?
Sir, i did not understand the above post properly,,,,Kindly clarify.
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ReplyDeleteThis comment has been removed by the author.
ReplyDeletedear friend, according to UPSC's own retention schedule ,they will not destroy the answersheets ,during pendacy of case. in above mentioned PIL , a prayer was made to keep intact answersheet of all candidates for 2011 exam,in interim relief it was requested to court to direct UPSC not to destroy the answersheets of 2011 exam, court said we will not give such direction(it doesn't mean that court has directed them to destroy answersheets, it only means ,court doesn't want to intervene) ,but it has issued the notice to UPSC and Union Govt in this regard, so,this PIL is pending and the retention period of 45 days is valid,if no case is pending in this regard.Hence , answersheets of all candidates of 2011 exam are safe due to pendacy of this PIL{ here UPSC own record
ReplyDeleteretention schedule saved us.}
Thanks for the clarification. I think I must salute your spirit and courage in pursuing cases against UPSC.
ReplyDeleteSo, we will know more when UPSC replies to the notice? Fingers crossed.