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  1. #17
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    Re: Central Information Commission opens up UPSC finally: A landmark judgement


    Here is the news item about Delhi High Court order on UPSC disclosures under RTI:

    Court suspends order to disclose UPSC scores


    By IANS
    Monday May 21, 03:22 PM
    New Delhi, May 21 (IANS) The Delhi High Court Monday suspended its order to the Union Public Service Commission (UPSC) to disclose cut-off marks and individual scores of candidates for the 2006 Civil Service Preliminary Examination.

    Responding to the UPSC's petition challenging the order, a division bench of Chief Justice M.K. Sharma and Justice Sanjeev Khanna suspended Justice B.D. Ahmed's April 17 ruling till July 30.

    While staying the order, the chief justice's bench directed the UPSC to place all the original records in a sealed cover before it.

    The bench also issued notices to all 25 candidates, who had earlier approached the Central Information Commission (CIC) seeking disclosure of the cut off marks in the examination.

    Justice Ahmed had on April 17 upheld the CIC's order on need for transparency in UPSC examination pattern and the evaluation process of the answer-sheets saying: 'Disclosure of information as directed by CIC cannot harm the interest of UPSC or any third party. The approach of CIC in this matter has been in correct perspective.'

    The CIC, headed by Chief Information Commissioner Wajahat Habibullah, had on Nov 13, 2006 passed the order on separate applications filed by over 100 unsuccessful candidates seeking disclosure of the marks obtained by them in the preliminary examination in 2006.



    Court suspends order to disclose UPSC scores


    › Find content similar to: Central Information Commission opens up UPSC finally: A landmark judgement



  2. #18
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    Re: Central Information Commission opens up UPSC finally: A landmark judgement


    Good Work Karira

  3. #19
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    Re: Central Information Commission opens up UPSC finally: A landmark judgement


    The Union Public Service Commission, which conducts the Civil Services examination among others, is an organisation with a track record of fairness. It is surprising then that the Commission refuses to disclose marks obtained by aspirants in the preliminary examination, the cut-off marks for successful students or the scaling formula that it adopts to bring parity among subjects. "Disclosure of the marks, if anything, will help students know their weak points and prepare better for their next attempt, Gupta says. Nila Mohanan agrees. "I would like to know my marks in the preliminary examination. As for the Main, the only way to know the marks is by not qualifying, which makes no sense because even those who have qualified would like to know how they have fared in different subjects."

    The controversy over the right to information about the marks scored by students started in August last year when a group of aspirants, under the aegis of "Transparency Seekers", approached the UPSC for their individual marks in the preliminary examination and also the cut-off marks for the General Studies and optional papers. When the UPSC refused to disclose the marks, the students appealed in the Central Information Commission for the necessary information under the Right to Information (RTI) Act.

    On November 13, 2006, Wajahat Habibullah, the Chief Information Commissioner ordered the UPSC to disclose the marks obtained by the aggrieved students, and the cut-off marks for the successful candidates in each subject and if there were no cut-off marks, then the model answer sheets for each subject. In his order the CIC directed the UPSC to do the needful within three weeks. He had rejected the UPSC's plea that disclosing the marks would make public the UPSC's "scientific scaling system", which was protected under the Copyright Act. The CIC had then said that disclosure of the scaling system too should be considered in the "larger public interest".

    The UPSC, however, went to the Delhi High Court against the CIC order saying if the marks secured by the candidates was disclosed it could be misused by the coaching institutes and this would harm the interest of meritorious candidates. The Commission also pleaded that its scaling system was too sensitive to be disclosed in an open court. This argument was, however, rejected by Justice B.D. Ahmad, who directed the UPSC on April 17, to disclose the marks obtained by the candidates and also put the model answer sheet on the Internet. Justice Ahmad, in his order, said that the disclosures could harm the interest of the UPSC or any third party and the CIC order in this regard was in the "correct perspective".

    The UPSC, however, appealed against the order on May 3, saying its examination pattern, and the evaluation process would be damaged if the individual scores, cut-off marks in each subject and the grading and scaling systems were disclosed. In its petition, the UPSC also contended that if the marks are disclosed, it would lead to mushrooming of coaching institutes of interested group of aspirants all over the country. "Disclosure of the information sought for has the potential to cause serious damage to the examination system," the petition said.

    On May 22, a Division Bench comprising Chief Justice M.K. Sharma and Justice Sanjiv Khanna suspended Justice Ahmad's order until July 30 and directed the UPSC to place all the original records in a sealed cover before it.

    Meanwhile, the students demanding the disclosure of their marks have also filed a petition before the High Court seeking a stay on the appointment of successful candidates until the matter is adjudicated. They have alleged that the UPSC's selection process was full of irregularities. Experts are at a loss to understand why the UPSC, whose credentials are not in doubt, is scared to disclose the marks.

    Interestingly, it is not the candidates alone who have to face the UPSC's silence in this matter. Even its nodal Ministry, the Department of Personnel and Training, has been given a similar treatment for several months now.
    The Department had sought details of the marks scored by general and reserved category candidates in the main paper and interview following a complaint received by the Prime Minister's Office from a reserved category candidate alleging bias at the interview. Despite repeated reminders, the UPSC has not provided any information.

    The UPSC has antagonised the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice also in a different way. The Committee, which tabled its report in Parliament recently, has taken exception to the UPSC's failure to appear before it. The committee, in its report, said: "The UPSC, under the pretext of constitutional status is trying to hide its inefficient working due to which many governmental organisations are headless for years together because the UPSC has not bothered to recommend the right candidates. Many institutes of the Department of Culture are examples of the apathy of the UPSC. There are even instances where the UPSC recommended some names for appointment but when the process of appointment started, it withdrew its recommendations. The National Archives of India and even the premier investigating agency, the Central Bureau of Investigation, are suffering shortage of staff owing to the apathy of the UPSC."

    It further said that the UPSC, being a constitutional body, should uphold the high standards of "transparency and accountability" but strangely it was projecting itself as an institution above the law of the land and did not want to give information under the RTI Act. It did not want to reveal how it was spending the public money given to it and was accountable to none," the committee said. The committee further noted: "This attitude of the UPSC is reprehensible and falls within the purview of the breach of privilege of Parliament". It recommended that the government deliberate upon the situation at the highest level and take necessary action to ensure that such a grave lapse and subversion of democratic norms did not recur.

    Experts agree that there is a "disconnect" between the UPSC and the government and also between the UPSC and the people. "The UPSC has a mind of its own. There seems to be a sense of apathy towards people's grievances. Otherwise why should it fight shy of being seen as fair," says V.P. Gupta. The UPSC, counters the charges by saying that in keeping with the provisions of the RTI Act it has taken all "proactive measures to meet the goal of expedient furnishing of information to citizens regarding the matters, which come under the functioning of the Commission".

    According to information available on the UPSC website, 279 applications under the RTI Act have been received and only in 48 cases were applicants not entitled to access the documents pursuant to the requests. It further notes that replies were sent to each applicant and an attempt was made to provide all information that was sought for. "Only that information was withheld where the questions were of hypothetical nature or in the nature of seeking opinion in a matter or on such matters about which the UPSC has already made a reference to the government seeking exemption from the purview of the RTI Act," the Commission says. But experts say that the UPSC cannot be treated like a holy cow; in order to maintain its credibility, it will have to become accountable and answerable.

    Quest for excellence

  4. #20
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    Re: Central Information Commission opens up UPSC finally: A landmark judgement



    karira

    your hardwork in this regard is highly appreciated.

  5. #21
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    Court tells UPSC to show marks


    Court tells UPSC to show marks
    as reported by CHARU SUDAN KASTURI, The Telegraph

    New Delhi, Sept. 3: Delhi High Court today dismissed a plea by the Union Public Service Commission seeking immunity from an order to disclose key details of civil service examinations that have so far been kept under wraps.

    The 2006 Central Information Commission (CIC) decision upheld by the high court today ordered the UPSC to disclose students’ marks and cut-offs for the preliminary stages of its examinations.

    The Right to Information Act watchdog had also ordered the UPSC to reveal the scaling procedure used to normalise scores between different subjects chosen by students — some subjects are more scoring than others.

    Over four lakh students appear annually for the preliminary civil service exams that are marred by allegations of inaccurate marking or scoring of answer scripts that are never revealed to students.

    “This is a major victory for students across India. The UPSC has been ordered to make its heavily guarded system of examinations transparent.

    This will affect all students who sit for civil service exams in future,” Aman Lekhi, the senior advocate for students challenging the UPSC petition, said.

    But UPSC sources said the commission may appeal against the high court verdict in the Supreme Court.

    “Our argument remains that the disclosure of this information would hurt the exam process and expose it to manipulation,” a senior UPSC official said.

    The Telegraph - Calcutta (Kolkata) | Nation | Court tells UPSC to show marks

  6. #22
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    Re: Central Information Commission opens up UPSC finally: A landmark judgement


    One still fail to understand the logic behind the UPSC claim that it would expose to manipulation. In fact such disclosure will curtail any attempt for manipulation.

  7. #23
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    Re: Central Information Commission opens up UPSC finally: A landmark judgement


    “Our argument remains that the disclosure of this information would hurt the exam process and expose it to manipulation,”

    That is exactly the reason why they must be disclosed.

  8. #24
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    Re: Central Information Commission opens up UPSC finally: A landmark judgement


    UPSC opposes transparency on selection process
    as reported in MSN News, Tuesday, September 30, 2008


    New Delhi: The Union Public Service Commission (UPSC) has opposed transparency in the civil service selection process on the ground that this would increase the probability of dummy candidates appearing for the examination.

    Challenging a Delhi High Court order directing the UPSC to declare marks obtained by candidates appearing in the preliminary exams as well as the scoring methodology, it told the Supreme Court the availability of raw marks and scaled marks would reduce the civil services examination to a play-field of strategies and counter-strategies developed by coaching institutes.

    Though a bench issued notice to 22 students on whose petition the high court had infused transparency in the examination system, it refused to stay implementation of that order. This means that until the SC decides the case, the UPSC will be bound under the Right to Information Act to declare marks scored by aspirants.

    The UPSC also explained how its apprehension of dummy candidates appearing in exams could turn into reality. According to it, a lot of freedom is given to candidates in selecting optional subjects. And it is not necessary for a candidate to be a graduate in a particular discipline in order to opt a particular subject. “A candidate can select different subjects in different attempts. Since the preliminary exam is only to screen for serious candidates out of a large pool, they aren’t required to submit any proof of the details they fill in the application,” it said. Therefore, once raw marks and scaling marks are disclosed and inference drawn, there is likelihood of dummy candidates.

    UPSC opposes transparency on selection process - National News ? News ? MSN India - News

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