9 Jun 2023 10:04 AM GMT
The Chief Minister of Delhi Arvind Kejriwal has moved the Gujarat High Court seeking a review of HC's March 31st order setting aside the 2016 order of the Central Information Commission (CIC) directing the Gujarat University to provide information regarding degrees in the name of Prime Minister Narendra Modi to the Delhi Chief Minister Arvind Kejriwal.Admitting the matter on Friday, the Bench...
The Chief Minister of Delhi Arvind Kejriwal has moved the Gujarat High Court seeking a review of HC's March 31st order setting aside the 2016 order of the Central Information Commission (CIC) directing the Gujarat University to provide information regarding degrees in the name of Prime Minister Narendra Modi to the Delhi Chief Minister Arvind Kejriwal.
Admitting the matter on Friday, the Bench of Justice Biren Vaishnav issued a rule to the respondents, Gujarat University, the Chief Information Commissioner, the then CIC Professor M. Sridhar Acharyulu and the Union of India and posted the matter for hearing on June 30.
In his review plea, Kejriwal has submitted that while the Court, in its March 31st order, based on submissions made by Solicitor General Tushar Mehta appearing for Gujarat University, noted that PM Modi's educational degree is available on Gujarat University's website. However, the plea adds, the same isn't correct as only an Office Register (OR) is available on the website, which is different from the original degree.
Our readers may note that earlier, SG Mehta had submitted before the Gujarat HC that the said degree is available on the Gujarat University's website and the same could be verified by Kejriwal.
Against this backdrop, Kejriwal has sought a review of the judgment on the ground that the said 'degree' is not found on the official website of the Gujarat University by arguing that the impugned judgment suffers from the error apparent on the face of the record.
"That the statement that 'degree' is available on the official website of the Original Petitioner (Gujarat Univeristy) was orally made only on the day of the final hearing i.e, February 9, 2023, without there being any specific pleadings or document produced in the present Writ Petition. Therefore, the Applicant herein (Kejriwal) could not verify the statement by searching the official website of the Original Petitioner. There was no opportunity for any such verification. That what seems to be uploaded is an 'OR' which cannot be the subject degree' as claimed by the Original Petitioner and hence the statement by Petitioner that 'degree' is uploaded on its official website does not seem to be correct," the review plea states.
Kejriwal has also stated that he took the help of persons having special knowledge on the subject to undertake a complete scan of the official website of the Gujarat University and from the said scan, it came out that the 'degree' is not uploaded online as claimed by the University before the HC.
Further, the review plea also challenges the imposition of Rs. 25000/- cost on Kejriwal by stating that the proceedings were initiated suo moto by the then CIC, Professor M. Sridhar Acharyulu which shows that he did not persist with the matter, as the HC specified in its judgment
"...it is apparent from the record itself that the Applicant (Kejriwal) did not file any application for any information and only wrote a letter dated 28.04.2016 which was also in response to a letter by CIC. It is born out from the record itself that applicant also never requested the ClC to treat him as an Applicant for the purposes of the said information. The proceedings were taken up SUO MOTO by CIC, which itself clearly shows that Applicant never insisted or Ppersisted with the matter...In such admitted factual circumstances, it is wrongly observed that Applicant persisted with the matter in seeking information and hence cost is imposed on the Applicant. This is also an error which is apparent on the record in the CAV Judgment," the plea adds.
Read more about Gujarat HC's 31st March Judgment here: No 'Public Interest' Involved In Disclosure Of PM's Degree Details; Arvind Kejriwal Made Mockery Of RTI Act's Intent: Gujarat High Court