Indian Express: Allahabad: Tuwsday, May 05, 2026.
The Allahabad High Court recently set aside an order passed by the Central Information Commission (CIC), which had directed the disclosure of evaluated answer sheets of the UP Higher Judicial Service Examination, 2009, under the Right to Information Act, 2005. A bench of Justices Ajit Kumar and Indrajeet Shukla held that the higher judicial services examination is sacrosanct and confidentiality has to be maintained.
The Allahabad High Court was hearing a plea against a Central Informa“We find that the examination conducted to the High Court namely the Higher Judicial Services Examination are sacrosanct and confidentiality and sanctity has to be maintained even while ensuring transparency, supply of the answer books, under no circumstances is necessary,” the court held in its order dated April 17.
The Allahabad High Court was hearing a plea against the order passed by the CIC, New Delhi, directing the disclosure of photocopies of evaluated answer sheets of UP Higher Judicial Service Examination, 2009, after masking all the references to the examiners. tion Commission order directing the disclosure of photocopies of evaluated answer sheets of the exam, after masking all references to examiners.
The counsel for the petitioner argued that in view of the provisions contained under the Right to Information Act, 2005, and looking to its object, once the marks obtained by a candidate are disclosed, then there is sufficient information regarding the marks obtained. It was further submitted that if a candidate has doubts regarding the difference in the marks given in tabulation sheets or otherwise published and the marks allocated in the answer sheets or answer book in a public examination, perusal of the answer books/sheets would suffice. It was argued that the rules framed for facilitating the disposal of applications made under the Right to Information Act (RTI) provide that any applicant seeking information will be furnished with the information requested for, if the furnishing of such information is requested with a positive assertion that the motive for obtaining such information is proper and legal. Also, it is not likely to disproportionately divert the resources of the Allahabad High Court or the subordinate court, as the case might be, and that it is not likely to be detrimental to the safety or preservation of the records in question, and not otherwise against any law or practice prevailing, it was stated. The petitioner’s counsel further contended that if there was no practice of providing copies of the answer books of the higher judicial service examination, the supply of answer books by masking the reference to the examiners could not have been directed.
‘Not necessary’ The Allahabad High Court bench noted that while the RTI Act aims to promote transparency, it must be balanced with maintaining the confidentiality and sanctity of judicial examinations.
If any candidate has any grievance after perusing the answer sheets, such candidate can always put notes in his own diary for the purposes of further grievance in the matter, if he may so desire but providing the answer books is not necessary, more especially when the rules do not provide for the same,” the Allahabad High Court said. It further remarked that there has been no established practice of furnishing such copies in judicial service examinations.
“We also find that there has never been any practice to provide for copies of answer books to candidate in respect of High Judicial Examination conducted by the High Court. Hence, under the the Rules framed by the High Court for giving information under Right to Information Act, 2005 copy of answer books can not be supplied,” the bench held. The court therefore allowed the plea and quashed the order directing disclosure of evaluated answer sheets. “The writ petition succeeds and is allowed. The order dated 04.04.2013 passed by the Central Information Commission, New Delhi is hereby quashed,’ the Allahabad High Court ruled.

.jpg)

















