The Hans India: New Delhi: Tuesday,
August 09, 2016.
Are
educational qualifications private information and education a private
affair? Mr T passed graduation as a
private candidate. Alleging that he did not attend the classes, Mr S sought
details under the RTI. A private candidate need not attend classes hence
seeker’s intentions are doubtful.
Initially
denying him the information, later the CPIO charged Rs 250 per page. Passing an
examination is a qualification and the certificate at 10th Class, 12th Class or
Intermediate, graduation or post-graduation is a ‘public document.’ The
university is a statutory public institution, though a college is private.
Those
academic institutions under statutory authority register details from admission
to award of degree. That register cannot be ‘secret’. Whoever claims a
qualification has a duty to substantiate. If there is a doubt, the validation
by the institution is required. If genuine, degree is vindicated, if not public
interest will be served.
Hence, the
degree or academic-qualification-related-information needs to be accessible to
the citizen. Failure details are private Final result of a student, whether
fail or pass, is public information. If student fails and attempts again to
finally clear the test and secure qualification, final result could be public
information but failure details are private.
His failed
attempts, marks etc need not be disclosed, as they could be personal to the
candidate that has nothing to do with public activity, disclosure of which
would cause unwarranted invasion of privacy and is third party information. Possessing a degree, post-graduate degree or
PhD or having professional qualifications is considered pride of the candidate,
family, and the society will also be proud of the same.
Former UN
General Secretary Kofi Annan once said: “Education is a human right with
immense power to transform. On its foundation rest the cornerstones of freedom,
democracy and sustainable human development.”
Aristotle says, “it is the mark of an educated mind to be able to
entertain a thought without accepting it.” John F Kennedy believed that the
goal of education is the advancement of knowledge and the dissemination of
truth.
An educated
person cannot hide his education. He will necessarily incorporate his academic
qualifications, as his achievements like ranks and gold medals, they are part
of voluntarily disclosed bio-data. Being
a qualification concerning the society in general, can never be treated as
personal information.
If someone
chooses not to disclose his educational qualifications, it could be his
personal choice, but if he claims or uses those qualifications for achieving an
employment or higher education or a position, that becomes public
information.
Every
university celebrates convocation, a public celebration each year, where
Chancellor (Governor) awards degrees to the qualified students. Every graduate needs to take an oath
administered by the Governor. Like any
ceremony, the convocation itself is a public notice that the educated are
joining the society. For instance, the National Academy of Legal Studies and
Research, (NALSAR) University of Law, Hyderabad, administers oath as
follows:
The
Chancellor, NALSAR University of Law ... says: “Let the candidates for other
Degrees and Diplomas stand forward.” All the candidates standing, the
Chancellor puts to them the following question: “Do you sincerely promise and
declare that, if admitted to the Degree or Diploma of____ ____________ for which
you are candidates, and for which you have been recommended, you will in your
daily life and conversation conduct yourselves as worthy members of this
University?”
All the
candidates will collectively answer: “I do promise.” With this, the candidates
resume their seats. Then the Chancellor says: “Let the candidates be now
presented.”
If one could
not attend the degree in absentia, for which he has to sign an undertaking that
he would live worthy of education attained, in a mandatory declaration. NALSAR
prescribed following declaration degree/diploma in absentia):
“I hereby
solemnly declare and promise that if admitted to the Degree / Diploma for which
I have been recommended, I shall in my professional as well as personal life
and conversation conduct myself as befits member of this University; that I
shall, to the utmost of my capacity and opportunity, support the cause of
justice, fairness and peace; and that as far as in me lies, I shall uphold and
advance the social order constitutionally established and well being of all
human beings everywhere and rule of law within the country and outside”.
Parents,
relatives and friends will attend the ceremony and bless/greet the graduate.
With this, the people get a chance to check whether such a graduate is living
up to the expectation or is he worthy of the degree he possessed. Education is process of learning the
knowledge, which is free, unlimited and universal. Albert Einstein says: “those
who have the privilege to know have the duty to act.”
There is no
basis for treating the educational qualification as personal. If BA degree is a requirement for studying
MA, the student who wants to study MA has to prove that he graduated. If he
does not have that qualifying degree and manipulates to secure admission MA or
an employment where it is prescribed as qualification, it has to be
checked. For higher education or
employment, he has to reveal his details of education details. If a candidate
wants to treat the patients as doctor, he has to prove medical graduation.
The right to
information was available in its rudimentary form in Section 76 of Indian
Evidence Act, 1875:
Section 76
says: Every public officer having the custody of a public document, which any
person has a right to inspect, shall give that person on demand a copy of it on
payment of the legal fees therefor, together with a certificate written at the
foot of such copy that it is a true copy of such document or part thereof, as
the case may be, and such certificate shall be dated and subscribed by such
officer with his name and his official title, and shall be sealed, whenever
such officer is authorized by law to make use of a seal; and such copies so
certified shall be called certified copies.
Section 74 of
Evidence Act, gave list of "public documents": "(1) The
following documents are public documents: (i) of the sovereign authority, (ii)
of official bodies and tribunals, and (iii) of public officers, legislative,
judicial and executive, of any part of India or of the Commonwealth, or of a
foreign country; (2) public records kept in India or private documents."
The CBSE is
public office and part of executive. The marks and degree related information
maintained in records by the public office are public documents and they are
accessible under Evidence Act, 1875. The process of accessing has been now revised
and guaranteed under Right to Information Act, 2005 for achieving objectives of
transparency and accountability among public authorities including educational
institutions like CBSE and Universities. With Section 22 of RTI Act, the
procedure of the CBSE in sharing information is overridden by RTI Act.
Every
academic/educational qualification at land mark stages like 10th class,
Intermediate, Graduation, Post Graduation or Ph.D. and clearing of every annual
examination, which promotes the student into next year, are the public
documents.
If a student
is suspected to have manipulated his promotion from one to next year, another
has every right to seek its verification and it is the duty of the public
academic body to clear the apprehension and take necessary action, if
apprehension is proved correct.
If
educational details are protected as personal information, it leaves lot of
scope for manipulation, corruption and misrepresentation. It is in larger
public interest, we need to avoid it. To prevent cheating, the transparency is
the proper method. (Based on CIC decision in CIC/SA/A/2016/001451 on 21 July
2016)
.JPG)
.JPG)
