You are on page 1of 4

Readymade Appeal to FAA (for Stage 2)

(Just copy paste this letter in MS Word and make, necessary


changes according to your requirement)

[Insert Date]
[Insert Name]
[Insert Address]
To,
Joint Secretary (Exam),
Union Public Service Commission,
New Delhi.
Sir,
Sub: First Appeal under section 19(1) of the RTI Act
Ref: My RTI Application dated [Insert Date] and Reply from CPIO
[Insert File No.] dated [Insert Date]
This is a statutory First Appeal being filed against the nonfurnishing of information as sought in the RTI Application.
I had filed an application for information dated [Insert Date] with
the CPIO requesting for [Insert the details of the information you
had requested].
In his reply dated [Insert Date], the CPIO has rejected my request
claiming exemption under the RTI Act.
I submit that the decision of the CPIO was bad in light of the RTI
Act, and that my application for information deserved disclosure
under the RTI Act for the following reasons:
1. It is submitted that the invocation of section 8(1)(i) by the
CPIO in respect of the marks scored by the candidate, the

cut-off and the answer-keys, relating to PT 2012, is


unjustified at law, keeping in mind the letter and spirit of the
RTI Act, and the various decisions of the Honble Supreme
Court of India and the Central Information Commission.
2. The Honble Supreme Court in the landmark case of Aditya
Bandopadhyay v. CBSE, has been unequivocal and
categorical that as against request for disclosure of answer
scripts by candidate himself, no exemption under section 8
can be validly raised. Please refer to para 27 of the
judgment: As no other exemption under section 8 is
available in respect of evaluated answer books, the
examining bodies willhave to permit inspection sought by the
examinees. This will also include copies of the OMR sheets
of the PT and the marks scored by the candidate.
3. Further, there is enormous public interest involved in
disclosure of answer scripts as it is essential for a candidate
to know his weaknesses and it is also his moral right to
peruse his own answer scripts. The Honble High Court of
Delhi in LPA No. 817/2010 has held that Those who are
knocked out before the interview even and did not have a
chance to compete any further, are definitely entitled to know
that they have not been knocked out arbitrarily to deprive
them from even competing any further. Similarly, this very
Central Information Commission has observed that the
disclosure of the marks after the preliminary examination
would help candidates to make an honest assessment of
their performance so that they can prepare better for the
next preliminary examination [Shipra Sud v. CPIO, UPSC,
No.CIC/SM/A/2012/000135]. Therefore, the candidate
should be allowed disclosure of his answer scripts.
4. The appellant asserts that the invocation of section 8(1)(i) of
the RTI Act by the CPIO, UPSC, is unjustified at law since

the UPSC in the process of selecting candidates for the


Mains Examination does not undertake any process which
needs the ratification of the Union Cabinet. The CPIO,
UPSC, himself has admitted to the fact that no material
exists on record to show that the Union Cabinet is anyway
involved in the process of selection of candidates for the
Mains Examination [F.No. 1/1(31)/63/2012-E-XXI dated 21
May 2012].
Therefore, I request before you to order the CPIO to immediately
furnish the information requested by me free of charge.
Yours Sincerely,
Enclosures: [Make sure you submit photocopies of all the
necessary documents]
1. Copy of original RTI Application along with proof of payment
of fee.
2. Copy of reply sent by CPIO
And any other document which you think is important for the case.
Please note: You DONOT need to submit any fees or IPOs with
this application, because you already submitted the RTI fees
during first stage.
And after that, mail this envelop to following address:
Joint Secretary (Exam),
Union public service Commission (UPSC),
Dholpur House,
Shah Jahan Road,

New Delhi-110069
http://mrunal.org/2012/09/rti-faa-upsc.html