New Delhi: The Supreme Court has appointed an amicus curiae to assist it on a plea of civil service aspirants, seeking direction to the UPSC for disclosure of the answer keys, cut-off marks and marks of the candidates appearing in civil service (preliminary) examination.
The UPSC in almost all the previous examinations, including the Civil Services (Preliminary) Examination of 2023, has maintained that the marks, cut off marks and the answer keys shall be disclosed “only” after the entire process of exam is over.
A bench of Justices P S Narasimha and Manoj Misra appointed senior advocate Jaideep Gupta as amicus curiae to assist it in the matter and asked the petitioners to serve a copy of the petition on him.
“We have requested Jaideep Gupta, senior advocate present in the court, to assist the court as amicus curiae in this matter which Mr Gupta has graciously accepted,” it said in its order of January 15.
During the hearing, senior advocate Kapil Sibal, appearing for 17 UPSC aspirants, said the UPSC’s conduct in not disclosing the details lacks transparency.
He said if the answer keys, cut-off marks and marks of the candidates/aspirants are disclosed, they would be entitled to avail “effective” remedies against wrong and incorrect evaluation on rational and demonstrable basis.
The top court also asked the Centre and the UPSC to file an additional affidavit explaining the difficulties that the institution(s) may face, if the prayers in the writ petition are accepted with the necessary data available.
It posted the matter for further hearing on February 4.
The court had in February last year agreed to examine the petition filed through advocate Rajeev Kumar Dubey.
The petition argued for making public the answer sheets and other details to safeguard the interests of millions of candidates/aspirants “against any glaring mistakes.”
The petition claimed that despite several litigations in the past, the Union Public Service Commission has failed to assign any reason as to why it is so “allergic” to the practice of transparency.
It claimed that a “prompt and timely disclosure” of answer key, cut-off marks and marks were common practice followed by almost every state public service commissions as well as the high courts and several other prestigious institutions such as IIT, IIM and many others.
The aspirants said their petition brings out “serious concerns” of students and opaqueness and lack of transparency and accountability on the part of the UPSC… and to check on its conduct, in concealing the material information.
“As would transpire, there is neither any reason nor rhyme to publish the marks, cut-off marks and answer keys of CS(P) examination, ‘only’ after entire process of civil services examination is over, except only with sole motive to frustrate of the cause of action, irrespective of howsoever genuine it might be, of the unsuccessful candidates to seek any effective remedy,” it said.
The plea said that if the details are disclosed, the aspirants would also have the right to know that the candidates who were shortlisted had in fact more marks and hence more deserving to be selected.
“None of these, could be possible until and unless the respondent — UPSC discloses the correct answer keys, which is the basis of evaluation, the minimum cut-off marks, which is the basis for shortlisting the candidates and marks obtained by candidates to identify if they meet minimum cut-off or not.
“This shall also equip the candidates to be well informed and perhaps better prepared for subsequent attempts in examinations,” it said.
The petition further added that each year, millions of the aspirants appear in these exams with an ambition to become a part of one of the most prestigious public services of this country and spend years after years of their formative years, preparing.
“Besides, these all-India services not only affect those who are aspirants of these examinations but the public at large. Therefore, the selection of these posts requires utmost transparency and fairness,” it said.
