Court of Appeal recognises applicability of RTI Act on State bank exam

Colombo, Feb. 26 (Daily Mirror)- The Court of Appeal delivered a judgment recognising the applicability of the provisions of the Right to Information Act (RTI Act) in respect of a competitive examination conducted to recruit employees to a State run bank.

The Court of Appeal delivered a judgment dismissing an appeal filed by Bank of Ceylon challenging the Right to Information Commission's decision to provide information pertaining to the competitive examination conducted by the Department of Examinations to recruit Trainee Staff Assistants.

Pasansani Anuradha, a candidate who sat for a competitive examination conducted by the Department of Examinations to recruit Trainee Staff Assistants to the Bank of Ceylon had written to the Right to Information Commission. She requested information including the mark sheets of applicants for the competitive examination published on the Bank’s website on 13 November 2017 and the interview marks and the merit list of 11,708 applicants who faced the interview.

Pasansani had applied for the post of Trainee Staff Assistant of the Bank of Ceylon and this examination was held on 18 March 2017. 

A total of 11,708 candidates were shortlisted. However, the petitioner was not among them. But she had passed the examination. So, all candidates who had passed were not shortlisted. That she has not obtained sufficient marks under the District Merit List for her district, is the Bank’s position. A group of 1,045 candidates were selected for interviews from that district (Galle). Out of that 1,045 a total of 64 were selected for appointment.

 Pasansani appealed to the Right to Information Commission on 20 November 2020. The Commission on 06 October 2021 gave its order directing the Bank to provide the information. The Bank appealed before the Court of Appeal on 25 November 2021. The Bank was of the view that disclosure of these information would cause unwarranted invasion of the privacy of the individual and would harm the integrity of an examination being conducted by the Department of Examinations.

Court of Appeal Justice D.N. Samarakoon observed that although at least some information are personal, it cannot be said that the disclosure of them has no relationship to any public activity or interests.

The citizen concerned in this case is one of the public. She represents the public and its larger interests, Justice Samarakoon further observed.

Senior Counsel Himalee Kularathna with Anuradha Silva appeared for the Right to Information Commission, while Uditha Egalahewa PC appeared for the Bank of Ceylon and Counsel Chamara Nanayakkarawasam for Pasansani Anuradha.