- (1.) Heard Sri Rakesh Chaudhary, learned counsel for the petitioner and Sri Shikhar Anand, learned counsel for the O.P. No.2.
(2.) Present writ petition has been preferred under Article 226 of the Constitution of India against the impugned order passed by the State Information Commission by which the petitioner has been directed to provide copy of OMR Sheet of other selected candidates along with merit list of written examination and the Rules adopted in selection process.
(3.) While assailing the impugned order, a defence has been taken by the petitioner that it is not permissible to supply information prayed in view of the provisions of Section 8 (1) (d) of Right to Information Act, 2005 read with Section 11 thereof. Section 8 (1) (d) is reproduced as under: 8. Exemption from disclosure of information--(1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,-- (d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;";