• Source:JND
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The Delhi High Court on Monday accepted the Delhi University's plea challenging the Chief Information Commission's order that has said that the undergraduate degree of Prime Minister Narendra Modi be disclosured in reponse to an RTI.

Justice Sachin Dutta, who accepted the university's plea, said that there is no need of thr discloure of the academic record and degree. In his order, Justice Sachin Dutta said that the information pertaining to the educational qualifications of an individual falls under 'personal information' under Section 8(1)(j) of the RTI Act.

The order stated, "Insofar as data/information as regards details/particulars of degrees, results, mark sheets etc. of students (which is the subject matter of the impugned RTI applications) is concerned, the matter is put beyond the pale of doubt by virtue of Section 8(1)(j) of the RTI Act. In terms thereof, such data/information, indubitably constitutes “personal information" which is specifically exempt from disclosure under Section 8(1)(j) of the RTI Act".

During the hearing, Solicitor General of India Tushar Mehta, who was arguing on behalf of DU, said that the university was willing to show the court the records about PM Modi's degree, but can not disclose the same for scrutiny by strangers.

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The university has argued that the right to privacy of thousands of students supercedes the public's right to know about the said academic records.

The controversy

During the 2014 general elections, PM Modi filed an affidavit with BA from Delhi University in 1978 as his educational qualification. The issue became a centre of tussle between the BJP and the Congress.

In 2016, an RTI was filed for the disclosure of the academic record of all students, including PM Modi, who graduated in 1978. The Delhi government denied it, terming it against the rules of sharing information related to a third party.

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In December 2016, the Chief Information Commission (CIC) didn't agree with the argument and ordered the university to provide details sought in the RTI. While issuing the order, the CIC stated that the educational qualifications of public figures, especially the PM, must be transparent.

The CIC also ruled that the register containing this information would be considered a public document. Unsatisfied with the CIC order, the university moved to the Delhi High Court. On January 23, 2017, the HC stayed the CIC order.