Ankita Das v. Public Service Commission And ANR.

14.05.2024 court no. 28 serial no. 54 kaushik WPA 26719 of 2023 Ankita Das Vs.

Public Service Commission & Anr.

Ms. Piyali Sengupta Mr. Victor Chatterjee ... ... for the PSC None appears for the petitioner.

It is the case of the petitioner that she participated in the competitive examination to the post of Supervisor of ICDS, 2019 (Main) conducted by the Public Service Commission (PSC). On 3rd May, 2023, the result was declared and the name of the petitioner was not in the merit list. The petitioner preferred a RTI application before the State Public Information Officer (SPIO) of the PSC seeking certified copy of the evaluated answer sheets. It is the case of the petitioner that the SPIO failed to respond, the petitioner has preferred an appeal before the Appellate Authority under the RTI Act. However, no response was received even from the Appellate Authority. Hence aggrieved by the inaction of the authorities under the RTI Act, the petitioner has preferred the instant petition.

The learned counsel for the respondent has appeared and disputed the said position. Learned counsel submits that the petitioner's RTI application has been duly replied to and the relevant documents have already been given to the petitioner. Learned counsel for the respondent handed over the copy of

the RTI reply send to the petitioner in response to her RTI application. The same is taken on record. Be that as it may, this Court is of the considered opinion that the present writ petition is misconceived as the petitioner ought to have preferred a second appeal before the State Information Commissioner in accordance with the RTI Act before invoking the writ jurisdiction of this Court. In view thereof, the present writ petition is dismissed.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Gaurang Kanth, J.)