Provide footage recorded during RAS mains to candidate: Rajasthan Information Commission

In an important decision that is a statement on the Rajasthan Public Service Commission’s (RPSC) approach towards transparency in its examination system; the Rajasthan Information Commission has ordered RPSC to provide the video recording of the RAS 2016 mains exams of a particular centre. The appellant had claimed that he wanted to bring forth cheating done during the exam.

An appeal was filed by one Mahendra Kumar of Sikar under Right To Information Act (RTI), who wanted a copy of the videography of the computer exam conducted on August 28, 2016 during the Rajasthan Administrative Service (RAS) Mains examination held at the State Girls Secondary School, Bajaj Road in Sikar. He had said that he wanted the video footage to bring forth cheating that has been done in the examinations.  

RPSC, however, refused to give this information on the grounds that it was confidential and personal information of other candidates. It held that there was no public interest in the demand.

Setting aside RPSC claims, Information Commissioner Ashish Sharma accepted the appeal of Mahendra Kumar on the basis that transparency and fairness are necessary in the functioning of RPSC.

RPSC had refused to disclose such information as confidential and personal information of third parties and considering no public interest in it. The appellant said that he was seeking information under RTI to highlight cheating during exam.

In his decision Information Commissioner Ashutosh Sharma said that “The appellant is seeking information in public interest which is not in any way personal information of third parties. As examinations conducted by RPSC are public activity and videography done during the exams cannot be considered confidential.” Sharma said, “RPSC is responsible for maintaining transparency in the examination.” He held that RTI Act 2005 has an overriding effect on rules and regulations such as confidentiality.

This is not the first time that RTI is being used to expose cheating in RAS examinations. Around 300 candidates who had appeared for the 2012 RAS exams had found discrepancies in the marking of their answer sheets that they had accessed using RTI applications.

Information Commissioner’s Ruling 

• In his decision Sharma has asked that a CD of the video footage of the examination centre be given to Mahendra Kumar. He stated that the logic behind this decision was that in today’s era of transparency videography conducted during an examination cannot be confidential.
• Information Commissioner Ashutosh Sharma stated in his order that the information is not personal and the conduct of examination is a public affair and footage recorded during the exam cannot be considered secret. He directed RPSC to provide the desired information under RTI Act.