The Indian Express: Article: Saturday, 01 April 2023.
Gujarat High Court on Friday allowed a petition by Gujarat University asking that a Central Information Commission (CIC) order directing the university to “search for information” about Prime Minister Narendra Modi’s degrees, be set aside.
Justice Biren Vaishnav also imposed a cost of Rs 25,000 on Delhi Chief Minister Arvind Kejriwal, who had requested the information under The Right to Information (RTI) Act, and directed him to deposit the amount with Gujarat State Legal Services Authority within four weeks.
Case before Gujarat HC
The case originates from a hearing of Kejriwal’s second appeal before the CIC in a case relating to the supply of information about his Electoral Photo Identity Card (EPIC).
On April 28, 2016, Kejriwal had submitted that he was ready to provide the required information about himself to the CIC, but added that the PM too, should be asked to disclose details of his educational degrees. Kejriwal alleged that while the CIC wanted his information, it was “obstructing information” about Modi’s degrees.
The CIC decided to consider Kejriwal’s response as an “application under RTI in his capacity as a citizen”. Chief Information Commissioner M Sridhar Acharyulu also directed the Prime Minister’s Office to provide the “specific number and year” of Modi’s undergraduate and postgraduate degrees from Delhi University and Gujarat University, “so that it will be easy for them to search and provide any documents relating to it”.
The order underlined that “not prescribing the educational (degree-based) qualification for contesting electoral offices is one of the great features of Indian democracy” and “what is needed is education not degrees” however, “when a citizen holding the position of Chief Ministership wants to know the degree related information of the Prime Minister, it will be proper to disclose”.
“The Commission directs the PIOs of Delhi University and Gujarat University, Ahmedabad, to make best possible search for information regarding degrees in the name of “Mr Narendra Damodar Modi” in the year 1978 (Graduation in DU) and 1983 (Post Graduation in GU) and provide it to the appellant Mr Kejriwal as soon as possible,” Acharyulu said.
GU then approached the Gujarat HC against the CIC’s order.
GU’s argument in HC
The university submitted that the CIC’s order was “without jurisdiction”, “erroneous”, and required to be quashed.
Senior Advocate Tushar Mehta argued that “curiosity cannot be equated with public interest” and emphasised that the university’s plea must be allowed “with cost”, otherwise a great disservice will be done to the RTI Act, which is being used for “settling scores”.
After arguments were completed, the HC reserved its verdict on February 9 and, on Friday, allowed the petition by GU.
Delhi University case
Six years before the Gujarat case, the Delhi High Court had set aside another CIC order that had allowed an RTI activist to look at the BA results of Delhi University from the year 1978 the year of the Prime Minister’s graduation.
On January 23, 2017, Justice Sanjeev Sachdeva of the Delhi HC stayed the CIC order dated December 21, 2016 allowing RTI activist Neeraj Kumar to “inspect” the records of results of all students who had passed the DU BA examination in 1978.
The HC took note of DU’s submissions, and observed that information regarding “personal information of third parties” cannot be given out under the RTI Act. DU had challenged the CIC order on grounds that it was “arbitrary and capricious (and) is also untenable in law”.
The university, represented by then Additional Solicitor General of India Tushar Mehta, contended that inspection of the records cannot be allowed, as details of roll number, father’s name, and marks obtained are “personal information” that cannot be released to a third party. Mehta told the court that “universities hold the subject information in a fiduciary capacity and as such the same is an exempted information under Section 8(e) and (j) of RTI Act”.
The Bench also issued notice to the RTI activist, Neeraj Kumar. The plea was initially scheduled to be heard in April 2017, but the matter still awaits disposal. In November 2022, Justice Yashwant Varma listed the matter for hearing on May 3, 2023.
Hans Raj Jain’s case
In 2014, another RTI activist, Hans Raj Jain, had sought details of students who graduated in 1978 with names starting with the letters N (Narendra) and M (Modi). Essentially, Jain was asking DU to reveal how many students by the name of “Narendra Modi” had passed their BA in 1978 as external students.
DU’s Central Public Information Officer (CPIO) declined to provide this information, saying the information Jain was seeking was too general. “It is too difficult to search such names if the roll number is not provided,” the CPIO reasoned.
Jain appealed before the CIC, which closed his case after six months, without making the information available.
Gujarat High Court on Friday allowed a petition by Gujarat University asking that a Central Information Commission (CIC) order directing the university to “search for information” about Prime Minister Narendra Modi’s degrees, be set aside.
Justice Biren Vaishnav also imposed a cost of Rs 25,000 on Delhi Chief Minister Arvind Kejriwal, who had requested the information under The Right to Information (RTI) Act, and directed him to deposit the amount with Gujarat State Legal Services Authority within four weeks.
Case before Gujarat HC
The case originates from a hearing of Kejriwal’s second appeal before the CIC in a case relating to the supply of information about his Electoral Photo Identity Card (EPIC).
On April 28, 2016, Kejriwal had submitted that he was ready to provide the required information about himself to the CIC, but added that the PM too, should be asked to disclose details of his educational degrees. Kejriwal alleged that while the CIC wanted his information, it was “obstructing information” about Modi’s degrees.
The CIC decided to consider Kejriwal’s response as an “application under RTI in his capacity as a citizen”. Chief Information Commissioner M Sridhar Acharyulu also directed the Prime Minister’s Office to provide the “specific number and year” of Modi’s undergraduate and postgraduate degrees from Delhi University and Gujarat University, “so that it will be easy for them to search and provide any documents relating to it”.
The order underlined that “not prescribing the educational (degree-based) qualification for contesting electoral offices is one of the great features of Indian democracy” and “what is needed is education not degrees” however, “when a citizen holding the position of Chief Ministership wants to know the degree related information of the Prime Minister, it will be proper to disclose”.
“The Commission directs the PIOs of Delhi University and Gujarat University, Ahmedabad, to make best possible search for information regarding degrees in the name of “Mr Narendra Damodar Modi” in the year 1978 (Graduation in DU) and 1983 (Post Graduation in GU) and provide it to the appellant Mr Kejriwal as soon as possible,” Acharyulu said.
GU then approached the Gujarat HC against the CIC’s order.
GU’s argument in HC
The university submitted that the CIC’s order was “without jurisdiction”, “erroneous”, and required to be quashed.
Senior Advocate Tushar Mehta argued that “curiosity cannot be equated with public interest” and emphasised that the university’s plea must be allowed “with cost”, otherwise a great disservice will be done to the RTI Act, which is being used for “settling scores”.
After arguments were completed, the HC reserved its verdict on February 9 and, on Friday, allowed the petition by GU.
Delhi University case
Six years before the Gujarat case, the Delhi High Court had set aside another CIC order that had allowed an RTI activist to look at the BA results of Delhi University from the year 1978 the year of the Prime Minister’s graduation.
On January 23, 2017, Justice Sanjeev Sachdeva of the Delhi HC stayed the CIC order dated December 21, 2016 allowing RTI activist Neeraj Kumar to “inspect” the records of results of all students who had passed the DU BA examination in 1978.
The HC took note of DU’s submissions, and observed that information regarding “personal information of third parties” cannot be given out under the RTI Act. DU had challenged the CIC order on grounds that it was “arbitrary and capricious (and) is also untenable in law”.
The university, represented by then Additional Solicitor General of India Tushar Mehta, contended that inspection of the records cannot be allowed, as details of roll number, father’s name, and marks obtained are “personal information” that cannot be released to a third party. Mehta told the court that “universities hold the subject information in a fiduciary capacity and as such the same is an exempted information under Section 8(e) and (j) of RTI Act”.
The Bench also issued notice to the RTI activist, Neeraj Kumar. The plea was initially scheduled to be heard in April 2017, but the matter still awaits disposal. In November 2022, Justice Yashwant Varma listed the matter for hearing on May 3, 2023.
Hans Raj Jain’s case
In 2014, another RTI activist, Hans Raj Jain, had sought details of students who graduated in 1978 with names starting with the letters N (Narendra) and M (Modi). Essentially, Jain was asking DU to reveal how many students by the name of “Narendra Modi” had passed their BA in 1978 as external students.
DU’s Central Public Information Officer (CPIO) declined to provide this information, saying the information Jain was seeking was too general. “It is too difficult to search such names if the roll number is not provided,” the CPIO reasoned.
Jain appealed before the CIC, which closed his case after six months, without making the information available.
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