[PM Modi Degree Row] 'RTI Act's Purpose Not To Satisfy Someone's Curiosity': DU Tells Delhi High Court

In the case related to Prime Minister Narendra Modi's academic degree, the Delhi University on Monday told the Delhi High Court that the purpose of Right to Information (RTI) Act is not to satisfy someone's curiosity. SGI Tushar Mehta made the submission on behalf of the varsity before Justice Sachin Datta. The Court was hearing DU's plea filed in 2017 challenging an order of the Central Information Commission (CIC) directing it to allow 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 order was stayed on the first date of hearing on January 24 in 2017."Section 6 [of the RTI Act] provides a mandate that information has to be given…. But the RTI Act is not for satisfying someone's curiosity," SGI said.Furthermore, Mehta submitted that the RTI law cannot be misused by ordering disclosure of information which is “unrelated” to the transparency and accountability in functioning of public authorities. He said that any individual can ask the varsity to give his or her degree or marksheet if the Rules allow the same but Section 8(1)(e) of the RTI Act exempts disclosure of such information to a third party.Mehta said that the impugned order passed by the CIC was contrary to the established law. "He wants everybody's information in the year 1978. Somebody can come and say 1979. Someone 1964. This university was established in 1922," he said.The matter will now be heard later this month. About the ControversyRTI 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.Before the High Court, Delhi University, on the first date of hearing in 2017, contended that it had no difficulty in providing the information sought on the total number of students who appeared, passed or failed in the said examination.However, on the prayer seeking details of the results of all students along with roll numbers, names with father names and marks, the varsity argued that such information was exempted from disclosure. It was argued that the same contained personal information of all the students who had perused in BA in 1978, and that the information was held in fiduciary capacity.Title: University of Delhi v. Neeraj Kumar

[PM Modi Degree Row] 'RTI Act's Purpose Not To Satisfy Someone's Curiosity': DU Tells Delhi High Court

Nupur Thapliyal

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