Union Public Service Commission v. Gorav

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9536/2015 & CM APPL. 22465/2015 UNION PUBLIC SERVICE COMMISSION ..... Petitioner Through:

Mr. Naresh Kaushik, Advocate.

versus GORAV ..... Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

O R D E R

% 29.11.2018

1. Vide the present petition, the petitioner seeks direction thereby setting aside the impugned order dated 03.06.2014 passed by the CIC in file No. CIC/SM/A/2013/001282/RM.

2. Vide the aforesaid order, the petitioner was directed to provide the certified photocopies of answer sheets of civil services 2012, Main Examination, sought by the respondent in para 2 (c) (ii) of his RTI within two weeks from the receipt of the order.

3. It is pertinent to mention here that despite the service effected upon the respondents, appeared none on his behalf and it is also pertinent to mention here that this Court vide order dated 06.10.2015 stayed the impugned order passed by the CNC.

4. Counsel appearing on behalf of the petitioner submits that the respondent has sought certified copies of answer sheets wherein there is no public interest was pointed out therefore, the petitioner are not

duty bound to furnish the certified copies of the answer sheets to any of the candidate.

5. Counsel appearing on behalf of the petitioner has drawn the attention of this Court in a judgment of the Hon'ble Supreme Court passed in Civil No. 6159-6162/2013 dated 20.02.2018 whereby the Hon'ble Supreme Court has opined that if the case is made out that public interest requires furnishing of information, only then the Court may issue directions whereas in the case in hand, there is no public interest shown by the CIC while passing the impugned order.

6. Keeping in view taken by this Court in aforesaid appeal therefore, I hereby quash order dated 03.06.2014.

7. The petition is accordingly allowed.

SURESH KUMAR KAIT, J NOVEMBER 29, 2018 rd