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RTI would cover information about marks secured by a candidate but not about the examiner

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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