Madhya Pradesh High Court: In a writ petition filed under Article 226 of the Constitution of India seeking information regarding marks obtained by other candidates in a public examination for Agniveer recruitment process, a single-judge bench of Vishal Dhagat, J., directed the respondents to disclose the marks obtained by other candidates, emphasising the public interest in transparency in examination processes.
In the instant matter, the petitioners, who appeared in the Agniveer recruitment process and took physical tests and written test and were unsuccessful, filed a writ petition seeking information regarding marks obtained by other candidates in the Agniveer recruitment examination. The petitioners applied under the Right to Information Act, 2005 (RTI Act) to obtain information about the marks obtained by other candidates in addition to their own marks. The application was partly allowed and disclosed the petitioners’ own marks but did not disclose the marks of other candidates.
The respondents, represented by the Deputy Solicitor General of India, argued that disclosing the marks of other candidates would violate Section 8(1)(j) of the RTI Act, as it pertains to personal information. However, the petitioners contended that the marks obtained by other candidates in a public examination are not personal information and should be disclosed as part of transparency and fairness.
The Court held that marks obtained by other candidates in a public examination do not qualify as personal information under Section 8(1)(j) of the RTI Act. The Court emphasised that such information pertains to a public activity and is relevant for transparency and accountability in examinations. The Court stated that “all the candidates had participated in public examination. Said information has nothing to do with personal information of a candidate. Marks obtained by other candidates in examination is public activity and each candidate has right to know about the marks which has been obtained by other candidates.” The Court directed the respondents to provide the information regarding marks obtained by other candidates within 15 days from the date of the order.
[Aman Dwivedi v. Union of India, 2024 SCC OnLine MP 4727, order dated 01-07-2024]
Advocates who appeared in this case :
Shri N.P.S. Ruprah with Shri Navtej Singh Ruprah, Counsel for the Petitioners
Shri Pushpendra Yadav, Deputy Solicitor General of India, Counsel for the Respondents
Buy Constitution of India HERE
