Delhi High Court To Hear Tomorrow Appeals Seeking Disclosure Of PM Modi's Degree Details

The Delhi High Court will hear tomorrow a batch of appeals seeking disclosure of information with respect to the bachelor's degree of Prime Minister Narendra Modi.

A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela will hear the pleas tomorrow.

The appeals have been filed by Right to Information activist Neeraj, Aam Aadmi Party leader Sanjay Singh and advocate Mohd Irshad.

They have challenged the single judge order passed on August 25 which set aside an order of the Central Information Commission (CIC) directing the Delhi University (DU) to disclose information.

The single judge had allowed DU's plea filed in 2017 against CIC's order which allowed inspection of records of the students who had passed BA programme in 1978, when Prime Minister Narendra Modi is also stated to have cleared the examination.

The single judge had ruled that information pertaining to an individual's educational qualifications, including degrees and marks, is “personal information”, exempted from disclosure under the RTI Act.

It had also observed that mark sheets or results or degree certificate or 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, it had added.

About the Controversy

RTI Activist Neeraj Kumar had filed an RTI application seeking result of all the students who appeared in BA in 1978 alongwith their roll number, name, marks and result pass or failed.

The Central Public Information Officer (CPIO) of the DU denied the information on the ground it qualified as "third party information". The RTI activist then filed an appeal before the CIC.

CIC in the order passed in 2016 said: "Having examined the case, the synonymous legislations and previous decisions, the Commission states that matters relating to education of a student (current/former) fall under the public domain and hence order the relevant public authority to disclose information accordingly."

The CIC had observed that every University is a public body and that all degree related information is available in the varsity's private register, which is a public document.

On DU's appeal, the CIC order was stayed on the first date of hearing on January 24 in 2017.

Title: Mohd Irshad v. DU & other connected matters