Show prelims marks, CIC tells UPSC

The UPSC had refused to divulge the marks and even rejected the appeal on the matter. A full Bench of the CIC thereafter decided on the second appeal.

The CIC has also recommended to the UPSC that it should declare the “scaling system” — the process by which marks are finally assigned to candidates. While conceding to the UPSC’s stand that this scaling system, and thereby the model answers for each paper devised by it, was a part of its Intellectual Property Rights, the Commission has directed UPSC to place the matter before a competent authority within a month. Pulling up UPSC, the CIC in its order said: “A public authority should not be as possessive of its copyright as an ordinary owner who wants to keep his property to its chest.” The CIC adds: “Throwing the process open for public scrutiny might probably result in evolving a system better than what has hitherto been followed by the UPSC.”

When contacted, Chief Information Officer Wajahat Habibullah said: “The CIC has clarified that the ‘process’, ie the scaling system, could constitute Intellectual Property of the UPSC but the “product”, ie the marks scored by each candidate, did not. Moreover, it is matter of IPR and not copyright as was argued by the UPSC.”

The UPSC had maintained that disclosure of marks would violate its “crucial secrets and intellectual property” and “irreparably undermine the integrity, strength, and efficacy of the competitive public examination system of paramount significance.” Taking recourse to Section 8 of the RTI act, the UPSC had held that the information was in the nature of “secret documents”.

The CIC had in a similar case held that marks and cut-offs are extremely critical in the life and career of a person and therefore should be declared. It had also held that to maintain transparency in the system and build faith and credibility, the UPSC should make this information public.

The aspirants, however, are not entirely pleased with the verdict. Applicants like Neeraj Gupta say, “Although this is a victory for us, yet the UPSC by this order is not bound to declare the model answers. We are still to see whether the UPSc will actually implement this order.”