Personal info: Delhi HC sets aside order asking DU to give details of PM’s degree

Records of Prime Minister Narendra Modi’s bachelor’s degree will continue to remain secret as the Delhi High Court on Monday set aside a Central Information Commission (CIC) order asking Delhi University (DU) to disclose the details.

Justice Sachin Datta also set aside the CIC’s directions for the disclosure of the educational details of former Union Minister Smriti Irani.

“….it is manifest that the information sought in the petitioner’s RTI application falls squarely within the exemption contemplated under Section 8(1)(j) of the RTI Act,” said Justice Datta, who had reserved the judgment on February 27.

Section 8(1)(j) exempts personal information not related to public activity or interest from being disclosed.

The high court concluded that there was no implicit public interest in making the two leaders’ educational records public.

Criticising the CIC order, the HC remarked, “…the CIC misdirected itself in relying upon anecdotal material and subjective assessments and drawing conclusions therefrom. Whether or not the DU has followed the practice of publishing certain results on its website is not determinative of, and cannot have any bearing on, the interpretation and scope of Section 8(1)(j) of the RTI Act.”

The verdict came on petitions filed by the DU and the CBSE challenging the CIC’s orders requiring the university to furnish details of Modi’s degree and the CBSE to confirm if Irani cleared the Class X and XII examinations in 1991 and 1993, respectively.

The court held that a university holds a fiduciary relationship with its students and maintains academic records in confidence. “These provisions make it evident that the university is obligated to issue results exclusively through official marksheets and transcripts to the student concerned. The provisions indicate issuance of results to the student(s), not the public. The framework does not permit the disclosure of marks/grades to any third party. There is an implicit duty of trust and confidentiality in handling students’ academic records,” it said.

Justice Datta noted that marksheets, results, degree certificates and academic records of any individual, even a public office-holder, fell within the category of personal information and were exempt under the RTI Act.

“…it would be a different matter where a particular educational qualification is a criteria or prerequisite for holding a public office or any post,” the court said.

The court underscored that it could not ignore the possibility of indiscriminate demands arising out of such disclosures. “Disregarding the mandate of Section 8(1)(j) in such a context would inexorably lead to demands for personal information concerning officials/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,” it noted.

The court also rejected the argument that information older than 20 years must be disclosed under Section 8(3) of the RTI Act, saying the right to privacy, recognised as a fundamental right by the Supreme Court, could not be overridden merely due to the passage of time.

The case stemmed from a 2016 CIC directive, which had allowed inspection of records of students who cleared the BA programme in 1978, the year when the Prime Minister is said to have completed the course. The DU challenged the ruling the following year, and the high court stayed the CIC order on January 24, 2017, the first date of hearing.

In 2015, another petitioner had sought information regarding Irani’s certificates from the CBSE. A second appeal was filed before the CIC by the petitioner in 2016 and a notice was issued in January 2017. The same year, a stay was granted by the high court.