The appellant has asked for the information concerning to the complete particulars of low merit / failed candidates in the test / written examination / interview under cases no.F.4-195/2018-R and F.4-15/2020-R. The organization in the reply has claimed exclusion of the said record under section 7(g) of the Act and argued it classified under para 1(f) & (i) of FPSC circular No. F.2-25/CE-IV-2015 dated 12th November, 2015.
The Commission served upon the organization notice for the provision of the information under the Right of Access to Information Act, 2017. The organization instead responding under the Act, denied the fundamental right to a citizen while referring the above stated departmental circular. The referred circular provide policy regarding provision of FPSC’s related information to private persons /researchers circulars and instructions issued by the organization, but it is settled principal that the Circulars cannot prevail over the statute. So far as the circulars issued by the Government are concerned they represent merely their understanding of the statutory provisions. The referred circular is thus not binding upon the Commission constituted on access to information. In short the circular which is contrary to the statutory provisions of the Act of Parliament has no existence in law.
This Commission allowed the Appeal and directed the Chairman, Federal Public Service Commission, Islamabad to provide the appellant complete particulars of low merit / failed candidates in the test / written examination/interview under cases no.F.4-195/2018-R and F.4-15/2020-Rforthwith but in any case not later than ten days of the receipt of this order.
He is further directed to implement sections 5&9 of the Act in letter and spirit, under intimation to the Commission within one month of the receipt of this order.