TwoCircles.net: New Delhi: Monday, April 28, 2014.
The possibility of a failed candidate attempting
to take revenge on the selection commission members of the Union Public Service
Commission (UPSC) cannot be ruled out, said Delhi High Court as it agreed that
disclosing their names will "expose them to danger".
This was decided by Justice Manmohan while setting
aside a Central Information Commission (CIC) order to disclose name of the
interviewers along with their designation under the RTI Act. The court said
that disclosure of names, addresses and qualification of the selection
commission members would "endanger the life and physical safety" of
those experts and it is, consequently, exempt under Section 8(1)(g) of the RTI
Act.
"The disclosure of names and addresses of the
members of the interview board would ex facie endanger their lives or physical
safety," the court said, keeping secret the identity of interviewers who
were part of the committee to select candidates for the post of Drug Controller
of India.
The court said that in the event of such
information being made known, a "disgruntled examinee" who is not
satisfied with the evaluation of the answer books, may act to the prejudice of
the examiner by attempting to endanger his physical safety.
"Any apprehension on the part of the examiner
that there may be danger to his physical safety, if his identity becomes known
to the examinees, may come in the way of effective discharge of his
duties", Justice Manmohan remarked.
This applies not only to the examiner but also to
the scrutiniser, coordinator and head examiners who deal with the answer
book," it opined.
UPSC had sought dismissal of the plea arguing that
the marks, views, opinions of the experts, who were on the interview board is
held by the Commission in a fiduciary relationship.
It contended that the information relates to the
core functioning of UPSC and its disclosure would "seriously endanger the
process of secrecy and confidentiality of the selection process" as well
as "jeopardize the total functioning
and activity of UPSC" by rendering it amenable to manipulation or misuse
by interested individual or groups.
The court disposed of the case saying that
disclosure of the identity of board member would not serve any fruitful
purpose.
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