The Delhi High Court, in its hearing on Monday, quashed a 2016 order by the Central Information Commission (CIC) that had ordered the Delhi University to release details of Prime Minister Narendra Modi’s bachelor’s degree in response to an application under the Right to Information (RTI) Act.
The order highlighted that there is a ‘special relationship of trust and confidence’ between a student and a university. The court held that information pertaining to an individual’s educational qualifications—including degrees and marks—falls within the ambit of “personal information” under provisions of the RTI Act.
Delhi University further challenged the CIC order, which had directed inspection of records for his BA program degree, which he pursued through the School of Open Learning, which he allegedly passed in 1978.
Justice Sachin Datta, recording that the framework of the university’s statutes “does not permit the disclosure of marks/grades to any third party,” said, “There is a legitimate expectation on the part of the students that confidentiality shall be maintained” with regard to their information.
Justice Datta noted in his 175-page order that,
It is unambiguously clear that the ‘marks obtained,’ grades, answer sheets, etc., are in the nature of personal information and protected under Section 8(1)(j) of the RTI Act, subject to an assessment of overriding public interest… This court cannot be oblivious to the reality that what may superficially appear to be an innocuous or isolated disclosure could open the floodgates of indiscriminate demands, motivated by idle curiosity or sensationalism, rather than any objective ‘public interest’ consideration. Disregarding the mandate of Section 8(1)(j) in such a context would inexorably lead to demands for personal information concerning official functionaries spanning the entire gamut of public services, without any real ‘public interest’ being involved. The RTI Act was enacted to promote transparency in government functioning and not to provide fodder for sensationalism.
The court cited the 2023 judgment of the Gujarat High Court, where it had similarly quashed a direction by the CIC to furnish details regarding the Prime Minister’s degree in 1983 from Gujarat University.
The Delhi High Court heard six petitions, including four by Delhi University, against a 2016 CIC order. DU had challenged directions issued against it and its CPIO, including a ₹25,000 penalty to be recovered from the officer’s salary for rejecting an RTI plea. The court set aside the penalty, holding that such recovery requires specific findings of deliberate misconduct, which the CIC had not recorded.
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Image Credits: Siasat
Divyanshi Dusad
