SCC Online: New Delhi: Thursday, 28 August 2025.
“… what may superficially
appear to be an innocuous or isolated disclosure could open the floodgates of
indiscriminate demands, motivated by idle curiosity or sensationalism. … The
RTI Act was enacted to promote transparency in government functioning and not
to provide fodder for sensationalism.”...
While hearing bunch
matters wherein orders passed by the Central Information Commission (‘CIC’)
directing University of Delhi and Central Board of Secondary Education (‘CBSE’)
to furnish academic records of Prime Minister Narendra Modi and former Minister
Smriti Zubin Irani were challenged, the Single Judge Bench of Sachin Datta, J,
set aside the impugned orders stating that such information constitutes
‘personal information’ and its disclosure was exempted under Section 8(1)(j) of
the Right to Information Act, 2005 (‘RTI Act’).
Background: The present case dealt with 6 connected
matters wherein the CIC had directed the University of Delhi and CBSE to
furnish academic records of individuals including Prime Minister Narendra Modi
and former Minister Smriti Irani upon applications filed under the RTI Act. The
CIC, in all 6 matters, had allowed the applicants to inspect copies of the
requested documents.
By order dated 21-12-2016,
the CIC directed University of Delhi to facilitate inspection of relevant
register where complete information on the result of all students who passed in
Bachelor of Arts, in year 1978 (the year in which PM Modi is also stated to
have obtained his degree) along with roll number, names of the students,
father’s name and marks obtained before 30-12-2016. The CIC had held that
disclosure of details of educational records of a student, maintained at a
university, did not infringe his/her right to privacy. Matters relating to
educational qualifications of a student (former/current) fell under public
domain and hence there was no violation of Section 8(1)(j) of the RTI Act.
While the same was under
challenge before the Court under W.P. (C) No. 600 of 2017, the respondent in
W.P.(C) No. 13568 of 2023, had filed an application under RTI Act for
inspection of documents relating to the degree of PM Narendra Modi. The CIC, by
order dated 8-9-2017, had disposed of the application stating that a similar
application, under W.P. (C) No. 600 of 2017 was pending before the Delhi High
Court and thus the matter was sub judice.
By order dated 17-1-2017,
the CIC had directed CBSE to facilitate inspection of relevant records and
provide certified copies of documents except personal details in admit card and
mark sheet. The applicant in this case had requested the marksheet and Class
Xth and XIIth result of former minister Smriti Zubin Irani. The CIC had opined
that Ms. Irani, being an elected Member of Parliament at the relevant time, was
a public authority under the RTI Act and therefore, the defense under Section
8(1)(j) of the RTI Act could not be made available to her.
Upon hearing submissions
for all 6 petitions, the Court formulated the following issues for
determination:
- Whether a Board/University
(in particular, the Delhi University) was exempt from disclosing information
pertaining to the educational qualifications/ results / mark sheets / degrees
of an individual by virtue of Section 8(1)(e) and/or Section 8(1)(j) of the RTI
Act?
- Whether ‘larger public
interest’ justified disclosure of the information sought even if the same fell
within the purview of Section 8(1)(e) and/or Section 8(1)(j) of the RTI Act?
- Even assuming that the
supply of information was precluded under Section 8(1)(e) and/or Section
8(1)(j) of the RTI Act, whether disclosure of information was mandated under
Section 8(3) of the RTI Act?
Analysis, Law and Decision:
While Section 3 of the RTI
Act grants all citizens the right to information, Section 8 carves out
exceptions where such right may be curtailed. The Court noted that Section 8(1)
of the RTI Act begins with a non-obstante clause thereby giving it an overriding
effect over all other provisions of the RTI Act. The exemptions may be
categorised in two ways:
- Clauses (a), (b), (c),
(f), (g), (h), and (i), wherein disclosure is impermissible regardless of any
plea of public interest; and
- Clauses (d), (e), and (j),
which incorporate a public interest override. Under these clauses, information
may be disclosed if the competent authority [in the case of clauses (d) and
(e)] or the Central Public Information Officer (CPIO), the State Public Information
Officer (SPIO), or the appellate authority [in the case of clause (j)] is
satisfied that the larger public interest justifies such disclosure.
Therefore, the right under
Section 3 is not absolute and is qualified by the provisions under Section
8(1).
i. Whether a
Board/University is exempt from disclosing information pertaining to the
educational qualifications of an individual by virtue of Section 8 exemptions? Section 8(1)(j) of the RTI Act exempts from disclosure any personal information
that is not related to any public activity or interest, or the disclosure of
which would result in an unwarranted invasion of an individual’s privacy.
Section 11 of the RTI Act
complements this by safeguarding information that has been treated as
confidential by a third party. The RTI Act, therefore, draws a clear
distinction between the concepts of privacy and confidentiality.
The Court observed that a
fiduciary relationship exists between a student and a university, wherein a
student entrusts the university with personal information (academic records,
personal data etc.) with a reasonable expectation of confidentiality and fair
use. The degree of control and unilateral decision-making power can be said to
be akin to a trustee in respect of a trust.
Further, the Court stated
that Ordinance IX (4) of the Delhi University provides for issue of transcripts
which indicates issuing of results to the student but not to the public. The
framework does not permit the disclosure of marks/grades to any third party.
Hence, there is an implicit duty of trust and confidentiality in handling
students’ academic records.
Thus, the Court held that
the data/information pertaining to an individual’s educational qualifications,
including degrees and marks, constitutes ‘personal information’ which is
specifically exempt from disclosure under Section 8(1)(j) of the RTI Act.
ii. Whether ‘larger public
interest’ justifies disclosure of the information sought?
The Court relied on the
case of Central Public Information Officer, Supreme Court of India v. Subhash
Chandra Agarwal, (2002) 5 SCC 481, and noted that ‘something which is of
interest to the public’ is quite different from ‘something in public interest’.
Interest of the public in private matters cannot impinge upon the exemption
provided under Section 8(1)(j) of the RTI Act.
The Court further noted
that disclosure was not mandated in situations where the information sought had
no relation to any public activity. The public interest override would not be
attracted where the information sought has no bearing on the discharge of
responsibilities by the concerned public official/functionary (whose personal
information is sought).
Public interest
considerations would prevail where if the information sought had a bearing on
the performance of official responsibilities entrusted to a public functionary,
or where the information sought concerns exposure of wrongdoing in the
discharge of official functions, financial impropriety, inefficiency and/or has
a bearing on the very eligibility for holding a particular office. There should
be a clear, rational and direct nexus between the information sought and such
‘public purpose’.
The Court opined that
mark-sheets/results/degree certificate/academic records of any individual, even
if that individual is a holder of public office, are in the nature of personal
information.
“The fact that a person
holds a public office does not, per se, render all personal information subject
to public disclosure.”
Hence, in the present
case, the Court noted that no public interest was implicit in the disclosure of
the information as sought through the RTI applications and therefore,
disclosure cannot be made mandatory for the same.
iii. Whether disclosure of
information is mandated under Section 8(3) of the RTI Act?
It was contended by the
respondents that since the information in the present case pertained to a
period beyond 20 years, Section 8(3) of the RTI Act mandates disclosure,
rendering the exemptions under Section 8(1)(e) and Section 8(1)(j),
inapplicable as Section 8(3) provides that information relating to any
occurrence, event or matter which had happened twenty years before the date of
request shall be provided if requested by a person.
However, the Court,
rejected the said contention and noted that,
“In the post K.S.
Puttaswamy v. Union of India (supra) era, the Right to Privacy has been
unequivocally recognized as a Fundamental Right under Article 21 of the
Constitution of India. It is no longer tenable to assert that personal
information loses its protected status solely on account of the passage of
time. Privacy / confidentiality of personal information, is not time bound, and
mere passage of twenty years does not obliterate constitutional protection.”
The Court, hence, held
that Section 8(3) of the RTI Act would not automatically override the exemption
under Section 8(1)(j) when the information is inherently personal and protected
under the right to privacy.
The Court therefore held
that the information sought by the RTI applications fell squarely within the
exemptions under Section 8(1)(j) and thereafter the orders of CIC directing
University of Delhi and CBSE to furnish information were liable to be set aside.
[University of Delhi v.
Neeraj, W.P. (C) No. 600 of 2017, decided on 25-8-2025]