IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 WP(C).No. 27219 of 2006(M) -------------------------- PETITIONER(S): --------------- JOHN THOMAS, S/O.P.G.JOHN, AGED 25, GDS BPM KODUMON EAST, P.O.PATHANAMTHITTA, RESIDING AT KOCHAYYATHU PUTHEN VEEDU, AICKADU, KODUMON P.O., PATHANAMTHITTA-691 555. BY ADV. SRI.M.R.HARIRAJ SMT.REKHA VASUDEVAN SRI.SURAJ.S SRI.P.A.KUMARAN SMT.VINEETHA B. RESPONDENT(S): --------------- 1. CENTRAL PUBLIC INFORMATION OFFICER, (THE DIRECTOR, POSTAL SERVICES (HEAD QUARTERS)), KERALA POSTAL CIRCLE, DEPARTMENT OF POSTS, KERALA CIRCLE, THIRUVANANTHAPURAM-695 033. 2. THE APPELLATE AUTHORITY UNDER SECTION 19(1) OF THE RIGHT TO INFORMATION ACT (CHIEF POST MASTER GENERAL), KERALA CIRCLE, THIRUVANANTHAPURAM-695 033. 3. UNION OF INDIA, REP. BY THE SECRETARY, DEPARTMENT OF POSTS, MINISTRY OF COMMUNICATION AND INFORMATION TECHNOLOGY, NEW DELHI. * ADDITIONAL R4 AND R5 IMPLEADED: ADDITIONAL R4:- SHINYMOL C.G, POSTMAN,KOZHANCHERY, THEKKEMALA P.O., PATHANAMTHITTA. ADDITIONAL R5:- V.HARIKUMAR, POSTMAN, ADOOR, PATHANAMTHITTA. ADDITIONAL R4 AND R5 IMPLEADED AS PER ORDER DATED 18/10/2006 IN I.A.NO.14636/2006. ADV. SRI.M.T.SURESHKUMAR FOR ADDL.R4,5 SRI.P.S.BIJU, ADDL.CGSC FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SU W.P.(C).NO.27219 OF 2006 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REQUEST DATED 11/7/2006 SUBMITTED TO THE 1ST RESPONDENT. P2: COPY OF THE ORDER NO.CC/RIA/19/06 DATED 19/7/2006 ISSUED BY THE 1ST RESPONDENT. P3: COPY OF THE ORDER NO.A-7/CPMG/06 DATED 31/8/2006 ISSUED BY THE 2ND RESPONDENT. P4: COPY OF THE ORDER IN W.P.(C) 6532/06 DATED 7/3/2006 OF THE HONOURABLE HIGH COURT OF KERALA. RESPONDENTS' EXHIBITS: NIL. /TRUE COPY/ P.A. TO JUDGE SU S.SIRI JAGAN, J ---------------------------------- W.P.(C) No.27219 of 2006, ------------------------------------ Dated this the 16th day of November, 2011. JUDGMENT Petitioner appeared for the departmental examination conducted by the third respondent for appointment to the post of Postman. Petitioner did not succeed in the written examination. Petitioner filed Ext.P1 application under Section 6 of the Right to Information Act 2005 for obtaining photocopies of the valued answer sheet of the examination and the valued answer sheets of respondents 4 and 5 which was rejected by the impugned orders. The petitioner seeks following reliefs: “i) To quash Exhibits P2 and P3 by the issuance of Writ of Certiorari, or other appropriate writ, order or direction. ii) to issue a Writ of Mandamus or any other appropriate writ, order or direction commanding the respondent No.1 to grant the information requested by the petitioner in Exhibit P1.” 2. I heard the parties. 3. The issue is to whether valued answer sheets are information which can be withheld has been finally decided by the Supreme Court in the decision of Central Board of Secondary Education and others vs. Aditya Bandopadhyay and others, 2011(8) SCALE 645 in favour of the petitioner. As such respondents 1 and 2 cannot deny the petitioner photocopies of W.P.(C) No.27219 of 2006 2 his valued answer sheets. As far as the valued answer sheets of the two candidates selected in the examination are concerned, the same can be supplied, if they have no objection. Respondents 4 and 5 have not cared to object to the same. Therefore, I am inclined to allow that prayer also. Accordingly, the impugned orders are quashed. The first respondent is directed to supply the information requested for by the petitioner, in Ext.P1, as expeditiously as possible, at any rate within one month from the date of receipt of a copy of this judgment. The writ petition is allowed as above. S.SIRI JAGAN JUDGE su