IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 WP(C).No. 19873 of 2006(N) --------------------------------------- PETITIONER(S): ----------------------- J. SHAHABUDEEN, S/O.JAMALUDEEN, AGED 39 YEARS, GDSMD, PARUTHIPALLY, TRIVANDRUM-695 574, RESIDING AT KULANGARAKUZHI ROADARIKATHUVEEDU, KONNIYOOR, POOVACHAL. P.O, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.M.R.HARIRAJ, SMT.REKHA VASUDEVAN, SRI.SURAJ.S, SRI.P.A.KUMARAN, SMT.VINEETHA B., SRI.P.ABANI. 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 RIGHT TO INFORMATION ACT, CHIEF POST MASTER GENERAL, KERALA CIRCLE, THIRUVANANTHAPURAM-695 033. 3. THE CENTRAL INFORMATION COMMISSION, REPRESENTED BY ITS REGISTRAR, BLOCK NO.4, VTH FLOOR, OLD JNU CAMPUS, NEW DELHI-110 067. 4. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO DEPARTMENT OF POSTS, MINISTRY OF COMMUNICATION AND INFORMATION TECHNOLOGY, NEW DELHI. BY ADV. SRI.P.PARAMESWARAN NAIR, ASST. SG. OF INDIA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 19873 of 2006(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE MARK LIST ISSUED BY THE SUPERINTENDENT OF POST OFFICES. EXT.P2: COPY OF THE REQUEST DATED 15/11/2005 UNDER SECTION 6 OF THE RIGHT TO INFORMATION ACT. EXT.P3: COPY OF THE LETTER NO.CC/RIA-2/05 DATED 24/11/2005 ISSUED BY THE ASSISTANT DIRECTOR, O/O. THE 1ST RESPONDENT. EXT.P4: COPY OF THE LETTER NO.CC/RIA/2/05 DATED 26/12/2005 ISSUED BY THE 1ST RESPONDENT. EXT.P5: COPY OF THE APPEAL DATED 04/01/2006 FILED UNDER SECTION 19(1) OF THE ACT. EXT.P6: COPY OF THE ORDER NO.A-2/CPMG/06 DATED 21/02/2006 ISSUED BY THE 2ND RESPONDENT. EXT.P7: COPY OF THE SECOND APPEAL DATED 24/03/2006 UNDER SECTION 19(3) OF THE ACT R/W. CENTRAL INFORMATION COMMISSION (APPEAL PROCEDURE) RULES OF 2005. EXT.P8: COPY OF THE ORDER IN APPEAL NO.22/ICBP/2006 DATED 18/05/2006. EXT.P9: COPY OF THE ORDER DATED 07/03/2006 IN WP(C) NO. 6532/2006 OF THE HONOURABLE HIGH COURT OF KERALA. RESPONDENT'S EXHIBITS:- EXT.R1(a): COPY OF THE RULES 14 & 15 UNDER APPENDIX NO.37 OF POSTS AND TELEGRAPHS MANUAL VOL.IV PART II(A) DATED NIL. //TRUE COPY// P.A. TO JUDGE rs S.SIRI JAGAN, J. ================== W.P.(C).No. 19873 of 2006 ================== Dated this the 2nd day of November, 2011 J U D G M E N T The question of law posed in this writ petition is as to whether the 1st respondent, an authority under the Right to Information Act, is justified in rejecting the request of the petitioner for a copy of his evaluated answer paper in an examination conducted by that authority. The petitioner's request for copy of the evaluated answer sheet has been rejected by Exts.P4, P6 and P8 orders by the Information Officer, appellate authority and the Central Information Commission. The petitioner is challenging those orders in this writ petition. This issue is squarely covered in favour of the petitioner by a decision of the Supreme Court in Central Board of Secondary Education & Anr. Vs. Aditya Bandopadhyay & Ors., 2011 (8) SCALE 645. In view of the same, the respondents cannot deny the petitioner the information sought for as per Ext.P2 request. In the above circumstances, following the above Supreme Court decision, I quash Exts.P4, P6 and P8 orders and direct the 1st respondent to supply the information sought for by the petitioner by Ext.P2, as expeditiously as possible, at any rate, within two weeks from the date of receipt of a certified copy of this judgment. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge - : 2 :-