The 'raw' marks awarded by examiners in the civil services examinations conducted by the Union Public Service Commission cannot be withheld as they do not come under any of the exemption clauses listed in the RTI Act, the Central Information Commission has held.
In an RTI application, one Ashish Gupta had sought to know from the UPSC details regarding the civil services examination of 2009 including raw marks awarded by the examiner, moderated marks and cut-off marks. However, the information was denied to him.
The UPSC also claimed before Chief Information Commissioner Satyananda Mishra that they do not have raw marks with them but have the moderated marks, an argument which was strongly opposed by Gupta.
Mishra rejected the arguments put forth by the UPSC saying there is no reason why all the marks should not be provided to an RTI applicant as only that information can be withheld which is exempted under the law.
"In the present case, the raw marks, the moderated marks and the cut-off marks do not fall in any of the exempted categories. Therefore, we do not see any particular reason why the CPIO should have held back such information," Mishra said while ordering the disclosure of the information.