UPSC ordered to disclose marks of Civil Services Exam

New Delhi, Nov 13 (UNI) The Central Information Commission today ordered the Union Public Service Commission (UPSC) to disclose within two weeks from today the marks assigned to candidates in this year's Civil Services Preliminary Examination.

The Commission also directed the UPSC to disclose within two weeks the cut-off marks fixed in respect of the general studies paper and in respect of each of the optional papers and if no such cut-off marks are there, to disclose the subject-wise marks assigned to short-listed candidates.

The CIC decision came on two petitions--one filed by Shiv Shambhu&ors and the other by Sanjeev Kumar&ors.

The applicants had sought separate cut-off marks for General Studies and for every optional subject for different categories such as General, OBC, SC/ST and PH; details of marks obtained by each candidate; model answers for each series of every subject; and reasons behind re-conducting of the examination on the subject of Public Administration.

The Commission directed the UPSC to examine and consider under Section 8(1) (d) of the RTI Act the disclosure of the scaling system as it involves larger public interest in providing a level playing field for all aspirants and place the matter before the Competent Authority within one month from the date of this order.

''This will also cover the issue of disclosure of model answers, which we recommend should in any case be made public from time to time. In doing so, it shall duly take into account the provisions of Section 9 of the RTI Act,'' the commission said.

UPSC in its arguments had emphasised the peculiar nature of the examination and the process of an even evaluation of performance of candidates.

It submitted that this process has been designed by it after years of expertise and 11 consultation with the subject experts and, therefore, this was a subject matter of Intellectual Property which it was not in a position to disclose.

Moreover, the UPSC said, the disclosure of the information would seriously affect the competitive position of the 3rd parties, i.e. those who have been short-listed for the next stage of the examination or who would be preparing for the future examinations.

The denial of information is, therefore, claimed to be justified u/s 8(1) (d) of the RTI Act.

Rejecting the UPSC arguments, the CIC said it has failed to explain as to how disclosure of individual marks to the candidates could be its Intellectual Property.

''The UPSC has already conducted the examination and question papers designed in consultation with subject experts and prepared by the UPSC were circulated to the candidates in the Examination Hall, who have attempted answers. These answers have been evaluated and marks have been awarded.

''During the course of hearing, it was pointed out before us that for evenly balancing the performance of candidates in various optional subjects, the UPSC applies the scaling formula and accordingly, the candidates are assigned the marks after applying the scaling formula. But we see no reason as to how the assigned marks after applying the formula, whatever it might be, could be a part of Intellectual Property of the UPSC,'' the CIC said.

''Similarly, cut-off marks in respect of each of the subject are also fixed in accordance with the said formula. Exemption is claimed by the UPSC about the ''process'' which has been developed as an original literary work, but the same is not true in respect of marks assigned after the process of evaluation is applied,'' it said.

''So, whatever claim of Intellectual Property is there in respect of the formula or the process, the same cannot be applied to the product, ie the marks assigned to each candidate and the cut-off marks fixed in respect of each of the optional subjects,'' it added.

Similarly, we see no reason to deny the disclosure as regards to the cut-off marks, if any, fixed for the General Studies paper which is common to all 12 examinees, and application of the scaling formula may not be at all there in this case,'' said the Commission.

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