IHC Dismisses FPSC Plea, Orders Disclosure of Merit Details
ISLAMABAD: The Islamabad High Court (IHC) has ordered the Federal Public Service Commission (FPSC) to disclose the merit details of failed candidates in the recruitment process for Judicial Members (BS-21) at the Appellate Tribunal Inland Revenue, Pakistan. This ruling came after the IHC dismissed the FPSC’s petition, which had challenged a prior decision of the Pakistan Information Commission (PIC).
The matter began with an information request filed by citizen Waheed Shahzad Butt on September 2, 2021, who sought records related to two FPSC recruitment cases, F.4-195/2018-R and F.4-15/2020-R. Specifically, Butt requested details on the low-merit or failed candidates who participated in the test, written examination, or interview process under these cases.
In response, the FPSC initially refused to provide the requested information on December 22, 2021, citing its internal circular and Sections 7(g) and 7(h) of the Right of Access to Information Act, 2017. The commission argued that disclosing such information would violate candidates’ privacy, as it could be considered personal data.
However, on January 11, 2022, the Pakistan Information Commission, in an order authored by the then Information Commissioner Fawad Malik and signed by then Chief Information Commissioner Mohammad Azam and Information Commissioner Zahid Abdullah, found in favor of the appellant, Waheed Shahzad Butt.
The PIC determined that information related to candidates’ test scores, interviews, and merit rankings did not fall under personal privacy protection. It clarified that the Act’s privacy provisions are limited to sensitive personal information, such as CNIC numbers, contact details, and family information, and do not extend to merit-related data.
The Commission also noted that the results of competitive exams are typically made public, making it unjustified to withhold merit details, including those of failed candidates. Consequently, the PIC ordered the FPSC to release the requested information within ten days. The Commission also directed the FPSC to ensure proactive disclosure of such information in future, as per Sections 5 of the Act.
Instead of complying with this order, the FPSC approached the IHC, arguing that the release of such information would violate privacy rights and the provisions of the Right of Access to Information Act.
On December 3, 2024, the IHC dismissed the FPSC’s petition, reaffirming that the information sought by the appellant concerned merit-related details, such as candidates’ test scores and the evaluation process, rather than personal data. The court made it clear that the request did not encompass private information like CNIC numbers, phone numbers, or family details. It emphasized the critical importance of transparency in public recruitment processes to foster accountability and public trust.
In its judgment, the IHC directed the FPSC to comply with the PIC’s order and provide the requested merit-related information to the appellant within ten days. The court also reiterated the necessity for the FPSC to adhere to the transparency mandates outlined in Sections 5 and 9 of the Right of Access to Information Act.
This ruling by the IHC marks a significant step toward ensuring transparency in public sector recruitment processes and upholding citizens’ rights to access public records.