PM Modi Degree Row: High Court Reserves Verdict On Delhi University's Plea Against Disclosure Of Information

The Delhi High Court on Thursday reserved verdict on a plea filed by the Delhi University (DU) challenging an order of the Central Information Commission (CIC) directing disclosure of information with respect to the bachelor's degree of Prime Minister Narendra Modi.

Justice Sachin Datta reserved the judgment.

DU filed the plea in 2017 against CIC's order which allowed 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. The order was stayed on the first date of hearing on January 24 in 2017.

Solicitor General of India Tushar Mehta appeared for the varsity and submitted that the impugned order passed by CIC is liable to be set aside. He said that has no objection in showing the record to the court. There is a degree from 1978, bachelor of art, he said. 

The SG added that the varsity has no reservation in showing the degree to the Court but cannot put the record for scrutiny by strangers.

Previously, Mehta submitted that mere curiosity is not enough to approach Right to Information (RTI) forums.

“Here is a case where a stranger walks into the RTI office of University and says, out of 10 lakh students, give me degree of X. The question is whether anyone can walk in and ask for degrees of others?,” Mehta said.

The SG further said that mere curiosity that an individual wants personal details of some person is no argument for disclosure of such information under the RTI Act.

On the other hand, Senior Advocate Sanjay Hegde appeared for RTI applicant Neeraj and had submitted that the information as sought in the matter would normally be published by any University and used to be published on notice boards, varsity's website and even newspapers.

He had also opposed the submission made by SG Mehta that information of students was held by a university in a “fiduciary capacity” and could not be divulged “to a stranger” as the same is exempted from disclosure in law.

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, on the first date of hearing in 2017, contended that 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 such 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.

Title: University of Delhi v. Neeraj Kumar