Kerala Public Service Commission
&Ors. v. The State Information Commission &Anr
In
the present case the request of the information seeker about the information of
his answer sheets and details of interview marks can be and should be provided
to him. It is not something that public authority keeps it in fiduciary
capacity. But the request of the
information seeker about the details of the person who had examined/checked the
paper cannot and shall not be provided to the information seeker as the
relationship between public authority and examiners is totally fiduciary
relationship. The commission had reposed trust on the examiners that they will
check the paper with utmost care, honesty and impartially and similarly
examiners have faith that they will not be facing any unfortunate consequences
for doing the job properly. If we allow disclosing names of the examiners in
every exam, the unsuccessful candidates may try to take revenge from the
examiners for doing their job properly. This may further create a situation
where the potential candidates in the next similar exam, especially in the same
state or in the same level will try to contact the disclosed examiners for any
potential gain by illegal means in the potential exam.
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