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Delhi High Court stays CIC order on UPSC

The HC has stayed the CIC order directing UPSC to divulge marks of Civil Service candidates till January 16.

india Updated: Nov 27, 2006 21:59 IST
United News of India
United News of India

The Delhi High Court on Monday stayed the execution of the order of the Central Information Commission (CIC) to disclose the marks of the candidates, who appeared in the preliminary test of the civil services examination conducted by the UPSC this year.

Justice Anil Kumar said the order of the CIC, the apex body to implement the Right to Information Act (RTI Act), would not be implemented till January 16, the next date of hearing.

The Union Public Service Commission (UPSC) had filed a petition in the High Court challenging CIC's November 13 order to disclose within two weeks the marks of the candidates.

In its writ petition, the UPSC had sought directions to the CIC for an ex-parte interim stay of its order on the ground that disclosure of the information would undermine the entire examination procedure and cause irreparable loss to it.

A full-bench of the CIC, headed by Chief Information Commissioner Wajahat Habibullah, had passed the order on separate applications filed by over a 100 unsuccessful candidates seeking disclosure of marks obtained by them in the preliminary examination.

The CIC had asked the UPSC to reveal the cut-off marks in optional papers of the short-listed candidates, who made it to the mains examination.

The commission also directed the UPSC to disclose its scaling system saying that "it involves large public interest and provides level-playing field to all aspirants."

The UPSC in September this year decided that informationlike cut-off marks, individual scores, scaling criteria and model answerssought by about 2,500 IAS aspirants were top secret and disclosure of such "crucial" documents would lead to violation of intellectual property, said the application.

"Once the data is disclosed the damage will be done and it will not be possible to undo the same... Consequently, the UPSC, which is a constitutional authority, will be put to irreparable loss even as no such loss will be caused to the CIC," the petition said.

First Published: Nov 27, 2006 21:59 IST