The Hans
India: Mumbai: Wednesday, September 04, 2019.
A
poet and literary personality, Dr. Ramesh Pokhriyal Nishank, present Minister
for HRD authored around 60 books in Hindi. During the 90s, the Open
International University (OIU) of Colombo conferred a D. Litt for his
contribution in literature.
Prior
to that also he received a D. Litt degree from the same university for
contributions in the field of science. It is reported that OIU is neither
registered as a foreign university nor as a domestic university in Sri Lanka.
A
BJP leader from Himachal Pradesh Manoj Verma has filed a petition on August 27
before President of India appealing for declaring his oath-taking as Cabinet
Minister null and void based on allegedly 'fake' doctorate degree.
Verma
objected that he should not have taken oath calling himself 'Dr Ramesh
Pokhriyal Nishank", because prefix "Dr" will become fake when
degree was fake, as that was given by a dubious university.
He
also doubted the validity of Pokhriyal's MA and BA degrees. Pokhriyal's
affidavit to the Election Commission, and his official website, claims that he
did his master's from Hemwati Nandan Bahuguna (HNB) University, Garhwal, in
Srinagar, Uttarakhand.
PS
to HRD Minister Purushottam said the minister's BA degree was "not
relevant" given that he had an MA from HNB Garhwal University, Srinagar in
1986 and 'he was conferred Doctorate (Honoris Causa) from Graphic Era
University (Deemed to be University), conferred Doctorate (Honoris Causa) by
Uttarakhand Sanskrit Vishwavidyalaya. He said that he did not have information
about the BA at hand and undertook to provide later.
To
an RTI request of Statesman reporter, the High Commission of India in Colombo
stated that the "Open International University for Complementary Medicines
in Colombo (Sri Lanka) is not recognised by the UGC of Sri Lanka.
It
also has reportedly stated that the University was unregistered…fake, bogus or
dubious education institute operating from Colombo". Indian Government has
also not recognised this Sri Lanka based University.
A
copy of the 1998 letter of Council of Scientific & Industrial Research
(CSIR letter No. 17/66/27/94-PPS dated 18.11.1998) circulated to the heads of
its national laboratory discloses, "I am directed to forward herewith a
copy of letter No. OE/D/98/1381 dated 27.8.98 from Dr S.K. Jain, Director,
Institute of Ethnobiology, C/o NBRI, Lucknow along with a copy of letter dated
12.8.98 from UGC regarding non-validity of D.Sc. Degree awarded by Open International
University for Complementary Medicines, Colombo and informing that no
recognition should be given to the Degree/Diploma or any other academic
distinction conferred by this University, for your information and
record."
The
Council of Scientific and Industrial Research (CSIR) is an autonomous research
and development agency working in the areas of science and technology has
categorically stated that any degree given by the university should not be
recognised. But the HRD Minister and Ministry ignores it.
The
affidavit filed for contesting the 2019 Lok Sabha elections, Pokhriyal has
disclosed about completing his masters from H.N.B Garhwal University but
decided to mention his Doctor of Philosophy and Doctor of Literature degrees
(both honorary), but it did not mention the university from where he obtained
these academic qualifications.
After
becoming Uttarakhand Chief Minister, he was conferred honorary degrees by the
Graphic Era University and Uttarakhand Sanskrit University. Both these
universities are recognised and hence he can use the prefix of 'Dr.' Fake
universities and academic institutions will be rushing forward to award highest
degrees to those who are in power. If people in power accept them it will lend
undue credence to the bogus institutions, who can cheat millions.
Why
University refused to give details?
A
way to avoid such controversy is complete transparency. The University is not
ready to disclose educational information of Pokhriyal. Madhukant sought
information on 2.6.2014 about the MA degree, enrolment number and related
copies of documents of Mr. Ramesh Pokhriyal, son of Late Shri Permanand
Pokhriyal.
There
was no response from CPIO of University. First appeal was filed. Then the CPIO
and First appellate Authority gives response on same day i.e., 16.08.2014
denying it as third party information. This shows the University authorities
have deliberately asked CPIO to deny this information.
Whenever
high-profile personalities are involved, the authorities are denying
information on the pretext of privacy or third party. Awarding degrees in
University is public activity. From admissions to graduation, the Registrar
must maintain register of records of every student and the purpose of
registering is to maintain a public record, for reference and access.
Like
land or property transaction documents, the degrees and related information
also is in public domain. Though original degree certificate will be given to
the candidate, its authentication details should be accessible in the register
and no law prohibits disclosure of degree related information.
There
is neither merit nor legality in the contention of the University that degree
related information was third party information. If it is third party
information of Pokhriyal; the PIO under Section 11 (1) of RTI Act has to seek
his opinion". Even if Pokhriyal raises objection against disclosure, it is
the duty of PIO to examine independently the public interest factor and decide
whether information was to be disclosed.
There
is no record to show that the PIO of HNBG University has taken any independent
decision on these lines prescribed by RTI Act, nor he gave any reason for the
rejection.
We
should know the judgment of Supreme Court Bench of Justice A R Dave and Justice
L Nageswara Rao in Civil Appeal No. 2649 of 2016 in Mairembam Prithviraj v.
Pukhrem Sharat Chandra Singh, quashing the election of Manipur Congress MLA,
Mairembam Prithviraj for falsely declaring in his nomination papers that he had
an MBA degree.
The
Supreme Court held that right to vote would be meaningless unless citizens were
well informed about the antecedents of candidates, including their educational
qualification.
It
said all information about a candidate contesting elections must be available
in public domain as exposure to public scrutiny was one of the surest means to
cleanse the democratic governing system and have competent legislators. The
apex court has held that every voter has a fundamental right to know the
educational qualifications of a candidate. The court noted that he made false
declarations.
The
University should have verified former CM's record before contending that the
information sought was third party information. Once a student passes an
examination and qualifies to secure a degree, the degree and passing details
cannot be treated as private or third-party information.
HNBG
University (Srinagar, Uttarakhand) was directed the to provide complete
information about the MA degree of Pokhriyal as available with the University,
before 30th December 2016.
The
Manoj Verma's petition to President says such information was not furnished.
Except an issue of propriety, there is nothing before President to invalidate
oath of Pokhriyal.
One
degree is enough for him to claim to be 'Dr'. He has four honorous causa degrees,
even if two are from invalid University, it will not affect his doctorate. But
University and Ministry has to give complete information about BA and MA as the
'degree' of accountability demands.
(The
writer is former Central Information Commissioner and Professor of Law, at
Bennett University, Greater Noida)
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