The Supreme Court has refused to entertain petition seeking directions to make available answer sheets of all the candidates who appeared for the Mains Written Examination for District Judiciary in Madhya Pradesh under Right to Information Act.
The three-judge bench of CJI D.Y. Chandrachud, Justice V. Ramasubramanian and Justice J.B. Pardiwala observed that the proportion forwarded by the petitioner was ‘extremely dangerous’ and prone to misuse as coaching institutes can get hold of them.
The petitioner, an organization named "Advocate Union for Democracy & Social Justice", had approached the Madhya Pradesh High Court with contention that disclosing the answer sheet would help the future aspirants.
It was further contended that for achieving the ultimate goal of transparency in the process of selection and appointment to the post of Civil Judge (Entry Level) and District Judge (Entry Level) in the State, the answer copies written by all the candidates be ought to be made available on website of the Court.
Submitting that it would not only enhance transparency but would also be academically enriching for prospective candidates who may appear in the subsequent examinations to be held in future, the petitioner sought directions to declare the relevant provisions of the notification which restricted the supply of answer copies to only the candidate concerned who applied for the same as null and void.
The Court held that the information sought by the petitioner is barred under Section 8 of the Right to Information Act, as the answer sheets are held in exercise of fiduciary relationship between the concerned authorities and the candidates.
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