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Delhi HC refuses to advance date of hearing of plea related to PM Modi’s degree
A Central Information Commission order directed DU to allow inspection of records of students, who completed their BA in 1978.
The Delhi high court on Monday refused to advance the date of the hearing of Delhi University (DU)’s plea against a Central Information Commission (CIC) order directing it to allow inspection of records of the students, who completed their Bachelor of Arts (BA) in 1978, the year Prime Minister Narendra Modi also graduated from the varsity. In January 2017, the court stayed the CIC’s order.
Read here: Kejriwal moves Gujarat HC seeking review of its order on PM Modi's degree
The matter, which has been adjourned repeatedly, has since 2017 been listed before five judges due to routine changes in rosters.
Neeraj Kumar, whose plea led to the CIC’s order, sought an early hearing in the matter saying it has been pending for a long time. Senior advocate Sanjay Hegde, who appeared for Kumar, pleaded for an early hearing to decide the case.
Justice Subramonium Prasad said the matter is listed in October. “Take it from me, it will be disposed of then, provided I continue in the roster. It does not impress why it [advancing should be done]. Sympathies apart… We will just say issue notice. List on the date already fixed [October 19].”
Kumar unsuccessfully sought the details of the 1878 batch of students from DU under the Right To Information (RTI) Act. He challenged DU’s decision in the matter and the CIC overturned it saying matters relating to the education of a current or former student fall under the public domain.
Solicitor General (SG) Tushar Mehta, who appeared in the matter in 2017, then argued DU did not have any problem in sharing the information sought on the number of students who appeared, passed, or failed. He added it cannot disclose the results of all students along with roll numbers, names, father names, and marks. DU argued that such information was exempted from disclosure.
The Gujarat high court in March set aside the 2016 order of the CIC for providing information about Modi’s degrees to Aam Aadmi Party (AAP) leader and Delhi chief minister Arvind Kejriwal under the RTI Act. It allowed the Gujarat University’s appeal against the CIC’s order and fined Kejriwal ₹25,000.
In April 2016, the then CIC M Sridhar Acharyulu directed the Delhi University and the Gujarat University to provide information to Kejriwal. The Gujarat high court later that year stayed the order after Gujarat University approached it.
Read here: PM Modi degree row: Gujarat HC to hear Arvind Kejriwal’s plea on July 21
In 2016, the CIC’s order came a day after Kejriwal wrote to Acharyulu, saying he has no objection to records about him being made public. Kejriwal wondered why the commission wanted to “hide” information on Modi’s educational qualifications. He wrote Modi’s degrees should be brought into the public domain to remove any confusion over the issue.
Acharyulu later directed the Gujarat University to give records of Modi’s educational qualifications to Kejriwal.
The Gujarat University objected to the CIC’s order saying “irresponsible childish curiosity” of someone cannot become public interest under the RTI Act.
In February, Mehta, appearing for the university, told the Gujarat high court that there was nothing to hide in the first place because information about Modi’s degrees is “already in the public domain”. He added the university also placed the information on its website on a particular date.
Mehta said there was no obligation to give a copy of the university degree of the Prime Minister to any third person under the RTI.
Mehta referred to exceptions under the RTI Act for not complying with the CIC’s order. He argued the RTI Act is being used for settling scores and to make “childish jabs” against opponents.
Mehta referred to judgements of the Supreme Court and high courts about the exemptions and added that one cannot seek someone’s personal information just because one is curious about it.
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Mehta argued the information sought has nothing to do with Modi’s role as a public figure. He cited the provisions of the RTI Act and said the information sought must be related to public activity. Mehta said the Gujarat University was holding the information about Modi in a fiduciary capacity. He referred to Section 8(1)(e) of the RTI Act said such information cannot be disclosed “unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information.”
