TNN 20 October 2009, 05:25am IST
CHENNAI: Access to information is a fundamental right recognized by the Constitution, and the public authority must interpret the Right To Information (RTI) Act 2005, liberally, the Madras high court has said.
A ruling to this effect was passed by Justice MM Sundaresh recently, while passing orders on the writ petitions of three candidates seeking copies of their answer sheets besides the marksheets of all candidates short-listed for motor vehicle inspector posts by the Tamil Nadu Public Service Commission (TNPSC).
The petitioners sought the details on the ground that a fair process was not adopted by the authorities during selection. The TNPSC, however, rejected the plea stating that no candidate would be permitted to scrutinize answer sheets. The internal mechanism of valuation cannot be revealed to public scrutiny, it said.
KM Vijayan, senior counsel for the candidates, assailed the denial of information stating that the right given under the RTI Act cannot be taken away by the TNPSC instructions.
Justice Sundaresh, while refusing to forbear the TNPSC from going ahead with the selection process, said the TNPSC must furnish the details as sought for by the petitioners within six weeks of declaration of final results. He also pointed out that the petitioners wanted only the marksheets of other candidates and not the answer sheets of all the candidates.
Observing that right to information was the pillar of a transparent democracy, Justice Sundaresh said the exemption under Section 8(1) of the RTI Act spoke only about commercial confidence, trade secrets and intellectual property. "By no stretch of imagination could the said clause be made applicable here, since the petitioners want their own documents," he said, adding that as the TNPSC and the home secretary derived their independent powers from Article 320 of the Constitution they will have to conform to the principle of transparency, accountability and fair play.
He said right to information was a part of the fundamental right to freedom of speech and expression, and added, "disclosure of information by public authority is a rule and secrecy is exemption."
http://timesofindia.indiatimes.com/city/chennai/Access-to-info-a-fundamental-right-HC/articleshow/5140060.cms
CHENNAI: Access to information is a fundamental right recognized by the Constitution, and the public authority must interpret the Right To Information (RTI) Act 2005, liberally, the Madras high court has said.
A ruling to this effect was passed by Justice MM Sundaresh recently, while passing orders on the writ petitions of three candidates seeking copies of their answer sheets besides the marksheets of all candidates short-listed for motor vehicle inspector posts by the Tamil Nadu Public Service Commission (TNPSC).
The petitioners sought the details on the ground that a fair process was not adopted by the authorities during selection. The TNPSC, however, rejected the plea stating that no candidate would be permitted to scrutinize answer sheets. The internal mechanism of valuation cannot be revealed to public scrutiny, it said.
KM Vijayan, senior counsel for the candidates, assailed the denial of information stating that the right given under the RTI Act cannot be taken away by the TNPSC instructions.
Justice Sundaresh, while refusing to forbear the TNPSC from going ahead with the selection process, said the TNPSC must furnish the details as sought for by the petitioners within six weeks of declaration of final results. He also pointed out that the petitioners wanted only the marksheets of other candidates and not the answer sheets of all the candidates.
Observing that right to information was the pillar of a transparent democracy, Justice Sundaresh said the exemption under Section 8(1) of the RTI Act spoke only about commercial confidence, trade secrets and intellectual property. "By no stretch of imagination could the said clause be made applicable here, since the petitioners want their own documents," he said, adding that as the TNPSC and the home secretary derived their independent powers from Article 320 of the Constitution they will have to conform to the principle of transparency, accountability and fair play.
He said right to information was a part of the fundamental right to freedom of speech and expression, and added, "disclosure of information by public authority is a rule and secrecy is exemption."
http://timesofindia.indiatimes.com/city/chennai/Access-to-info-a-fundamental-right-HC/articleshow/5140060.cms
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