- (1.) Public Information Officer, Office of the Principal Secretary to the Government of U.P., Secondary Education, U.P. Lucknow and others have filed this petition for issuance of a writ in the nature of certiorari quashing order Annexure-1 dated 17.7.2009 passed by respondent no.1, State Information Commissioner, U.P. Lucknow in context of applications filed by respondents 2 to 14 under the Right to Information Act 2005.
(2.) The facts in brief are that respondents 2 to 14 made applications under Section 6 of The Right to Information Act, 2005 (for short, "RTI Act") asking for certain copies of evaluated answer books for some of the papers of High School/Intermediate Examination, 2008. Apparently, the examination was conducted by petitioner No.4 (Madhyamic Shiksha Parishad, U.P. Allahabad). Applications have been placed on record as Annexures 2 to 9.
(3.) It is the pleaded case of the petitioners that there is no provision under the Regulations to provide copies of evaluated answer books to the examinees/applicants (respondents 2 to 14). Accordingly, a communication was sent to them. Aggrieved by rejection of the applications under RTI Act, respondents 2 to 14 filed a complaint before respondent No.1, presumably under Section 18 of the RTI Act. Respondent No.1 issued notice to the petitioners. Apparently, separate replies were furnished by different petitioner/authorities which have been placed on record as Annexures 10 to 17 to the writ petition. Respondent No.1 on considering the issue passed order dated 17.7.2009, Annexure-1, impugned by way of this petition.;