2017 PM Modi BA Degree Case: Listed Only Twice In 2022, Delhi High Court Adjourns RTI Case To May 3 Next Year

Pending for more than five years in Delhi High Court, the case related to Prime Minister Narendra Modi's academic degree has been adjourned to May 3 next year.

Delhi University in 2017 had challenged an order of the Central Information Commission (CIC) directing the varsity to allow inspection of records of the students who had passed BA programme in 1978, when Prime Minister Narendra Modi is also stated to have cleared the examination. On the first date of hearing on January 24 in 2017, Justice Sanjeev Sachdeva had stayed the CIC order.

While the case has since then been repeatedly adjourned for different reasons, one of the reasons for delay in adjudication of the case also is COVID-19 pandemic as the matter wasn't listed after January 28, 2020 till March 30, 2022.

This year, the case was listed twice  - on March 30 and November 15. On March 30, the matter could not be heard "due to paucity of time". On the date fixed this week, the hearing was deferred to May 3, 2023 as there was no appearance on behalf of the Delhi University.

"Consequently, let these matters be called again on 03.05.2023," Justice Yashwant Varma said in the order this week.

About the Controversy

RTI Activist Neeraj Kumar had filed an RTI application seeking result of all the students who appeared in BA in 1978 alongwith their roll number, name, marks and result pass or failed.

The Central Public Information Officer (CPIO) of the DU denied the information on the ground it qualified as "third party information". The RTI activist then filed an appeal before the CIC.

CIC in the order passed in 2016 said: "Having examined the case, the synonymous legislations and previous decisions, the Commission states that matters relating to education of a student (current/former) fall under the public domain and hence order the relevant public authority to disclose information accordingly."

The CIC had observed that every University is a public body and that all degree related information is available in the varsity's private register, which is a public document.

Before the High Court, Delhi University, which was represented by Additional Solicitor General Tushar Mehta - he is Solicitor General at present - on the first date of hearing in 2017, contended that while it had no difficulty in providing the information sought on the total number of students who appeared, passed or failed in the said examination.

However, on the prayer seeking details of the results of all students along with roll numbers, names with father names and marks, the varsity argued that the said information was exempted from disclosure. It was argued that the same contained personal information of all the students who had perused in BA in 1978, and that the information was held in fiduciary capacity.

After the order was stayed by Justice Sachdeva, the matter has been listed before five judges over the years due to routine changes in roster.

In one of the hearings in February 2019 before Justice Anup J. Bhambhani, the matter was clubbed with a batch of petitions raising the question regarding interpretation of Sections 8(1)(e) and (j) of the RTI Act.

The court had noted that the provision lays-down "exemptions from disclosure of information available to a person in his fiduciary relationship and of personal information, the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of an individual."

The information sought in all the cases relates to the results of examinations, details of the results, educational qualifications and other related matters pertaining to students.

"Needless to add that while considering the interpretation of the aforesaid two statutory provisions, the court will also look at other related provisions of law, as may be relevant and material for the decision," Justice Bhambhani had recorded in the order.