Indian Express: Ahmedabad: Tuesday,
June 21, 2016.
The Gujarat
High Court on Monday issued notices to Central Information Commission (CIC) and
Arvind Kejriwal on a petition filed by the Gujarat University against the CIC’s
earlier order asking the varsity to provide information on degrees of by Prime
Minister Narendra Modi to the Delhi Chief Minister.
After
admitting the application of Gujarat University (GU), seeking to quash the CIC
order on technical grounds, judge S H Vora issued noticed to Information
Commissioner M Sridhar Acharyulu and Kejriwal to furnish their responses and
kept further hearing next month.
In its
application before the court, the GU stated that “the Gujarat University is not
a party to any of the proceeding before the Information Commission. Hence, the
order is adverse to the interest of the Gujarat University.”
The
University further argued that the jurisdiction of CIC extends to the public
authority under that central government while GU falls beyond its jurisdiction.
“Therefore,
the said order of CIC is patently erroneous and requires to be quashed and set
aside,” stated the application.
GU further
argued that Kejriwal’s status as the Chief Minister has been kept in mind by
the CIC while issuing the order, a move which is against the law, said the
application.
“CIC has
passed a direction on the basis of the status of Kejriwal. The CIC has
considered the CM on a different pedestal which is against the principle of
rule of law.”
The GU
authorities claimed that “no notice of hearing has been served upon the GU, and
the order is passed by CIC without hearing the GU. There is no application
given by Kejriwal before the information officer of GU, nor is there any
complaint made against the GU before the Information Commission, Gujarat.
Citing the
Right to Information (RTI) Act provisions, GU argued that Kejriwal has not
sought any information directly from the university.
“Kejriwal has
not sought any information from the GU at any time till date and no application
has been preferred under section 6(1) of the RTI Act”.
Further, it
is argued that the “CIC is not the authority constituted under the RTI Act for
the purpose of any information to be supplied by the GU.”
Earlier on
April 29, CIC directed Delhi University and Gujarat University to provide
information on degrees earned by Modi to Kejriwal, who had criticised the
functioning of the transparency panel.
The CIC’s
order came a day after Kejriwal wrote a letter to Acharyulu saying he does not
object to government records about him being made public and wondered why the
Commission wants to “hide” information on Modi’s educational degree.
The
Information Commissioner had treated Kejriwal’s letter as an RTI application
and passed the order.
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