Supreme Court: In a case where the question regarding the disclosure of answer sheet and interview marks was before the Court for consideration, the bench of MY Eqbal and Arun Mishra, JJ held that the information of answer sheets and details of the interview marks can be and should be provided to the information seeker. It is not something which a public authority keeps it under a fiduciary capacity as this practice will ensure a fair play in this competitive environment, where candidate puts his time in preparing for the competitive exams.
Regarding the question that whether the names of the examiners should also be disclosed to the information seeker, the Court was of the opinion that the request of the information
seeker about the details of the person who had examined/checked the paper cannot and shall not be provided to the information seeker as the relationship between the public authority i.e. Service Commission and the Examiners is totally within fiduciary relationship. It was pointed out that disclosure of the identity of Examiners is in the least interest of the general public and also any attempt to reveal the examiner’s identity will give rise to dire consequences.[Kerala Public Service Commission v. State Information Commission, 2016 SCC OnLine SC 107, Decided on 04.02.2016]