PSC is not exempted under RTI ?

Greater Kashmir: Srinagar: Saturday, September 09, 2017.

Recently Jammu & Kashmir Public Service Commission (PSC) issued a revised list of candidates who qualified the Combined Civil Services preliminary examination. Some 429 candidates were dropped who earlier figured in the list of qualified candidates. The said list was quashed without conducting another written examination and subsequently PSC issued a revised list of qualified candidates. I am not arguing which list is genuine, but the candidates who have been dropped have a right to know why they were dropped ? They have a right to have access to their answer papers also called OMR sheets plus Answer Key which is not being revealed to them. When information was sought by several aggrieved candidates under J&K Right to Information Act (RTI), J&K PSC,  according to these information seekers told them that it can’t share the details especially the xerox copies of the OMR sheets and answer key. In past also PSC has been into the same controversy wherein certified copies of the answer sheets were not provided to information seekers under RTI Act. But after intervention of State Information Commission (SIC), many aspirants has access to their answer papers and some got justice as well.  

A couple of years back former Chief Information Commissioner (CIC) G R Sufi issued a show-cause notice for initiating penalty proceedings under section 17 of State RTI Act against the designated Public Information Officer (PIO) of J&K Public Service Commission (PSC). The designated officer under State RTI Act had denied to share photocopies of answer papers to a Combined Civil Service examination aspirant usually known as KAS aspirant. The State Information Commission (SIC) had further directed PSC authorities to provide photocopies of answer papers to the information seeker. PSC had denied to provide the Xerox copies of the answer sheets by claiming that its rules don’t allow them to provide photocopies of answer papers to information seekers.

PSC is a Public Authority :

J&K Public Service Commission is a Public Authority and that is the reason they have designated three Public Information Officer (PIO) in the commission. These officers hold post of Under Secretary respectively. In addition to it there are three First Appellate Authorities (FAAs) designated under RTI law. These senior officers hold post of  Secretary, Controller examinations  and Chief Accounts Officer (CAO) respectively. When PSC is a public authority, it has designated FAAs  and PIOs, how can it deny providing copies of OMR sheets or not allowing job aspirants to go for an inspection of their answer papers (OMR sheets) under section 2 (i) of State RTI Act. 

RTI overrides PSC’s internal rules :

J&K RTI Act 2009  & even Central RTI Act 2005  have overriding effect on all the laws which prohibit a public authority to share information in shape of certified copies of documents or records with public.

Section 19 of J&K RTI Act 2009 reads as :

“The provisions of J&K RTI Act 2009 shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act , Samvat 1977 and any other law for the time being in force or in any instrument having effect by virtue of any law other than the RTI Act”

Readers should be aware of the fact that J&K Official Secrets Act and Central Official Secrets Act of 1923 are still applicable and haven’t being revoked.  Under the provisions of Official Secrets Act no Government record can be shared with public. On the other hand Right to Information law (RTI) says people have right to information of Govt records / files etc. The provision of Overriding Effect of RTI Act is basically incorporated to address these kinds of legal issues. RTI law makes it clear that it will override all the legislations , rules , internal regulations etc and  that includes Official Secrets Act and PSC’s internal rules .

Conclusion : 

When RTI law overrides Official Secrets Act, how can PSC claim they are an exempted organization ? Except CID there is no other exempted organization under J&K RTI Rules 2012. In case of Human Rights violation and Corruption issues ,  information can even be sought from CID after seeking permission of State Information Commission (SIC).

RTI law says that an information which can’t be denied to a Member of Parliament or a Member of State Legislature , the same cannot be denied to an information seeker. Can PSC deny to share copies of OMR sheets to Members of State Legislature or Parliament ? If no, how can the same be denied to citizens ?

When State Information Commission (SIC) has already made it clear to PSC in its previous orders that it has to share certified copies of OMR sheets, answer papers under RTI , how can it say NO to poor unemployed youth ? When Rajasthan PSC scans and uploads all OMR / answer sheets / answer keys on its website soon after written test , why cannot J&K PSC do the same ?

If an institution like Public Service Commission (PSC) which produces our civil servants and bureaucrats insists on not being transparent, bypassing RTI provisions, what can we expect from other public authorities and Government departments ?