The Crossbill Team
The Delhi High Court on Thursday (February 28) reserved its verdict on a plea filed by Delhi University (DU) challenging a Central Information Commission (CIC) order directing it to disclose details of Prime Minister Narendra Modi’s bachelor’s degree.
Solicitor General Tushar Mehta, representing DU, argued that while the university has no objection to presenting the degree before the court, it cannot be made public.
Mehta stated that he does not "trust the motives and intentions" of those seeking the information but clarified that while he has "no objection" to presenting the degree before the court, " but will not expose it to the scrutiny of strangers," The Indian Express reported.
Citing privacy concerns, Mehta contended that the right to know under the Right to Information (RTI) Act is not absolute and does not extend to personal information. He asserted that the CIC’s directive should be set aside.
Mehta further warned that allowing unrestricted access to degree records could set a precedent leading to a flood of similar requests, potentially intimidating university officials.
Referring to the Supreme Court’s landmark Puttaswamy judgment, which upheld the right to privacy, he maintained that such disclosures were beyond the intended scope of the RTI Act.
“In principle, such information cannot be sought. This is not the object for which the RTI has been envisioned. The authority will have to decide what is your interest, you are trying to use it for political purposes. We have it but we will not share. There are quite a few free people in this world who will seek one information or another,” Mehta was quoted by the newspaper as saying.
He added that DU possesses a 1978 record confirming Prime Minister Modi’s Bachelor of Arts degree.
On the other hand, senior advocate Sanjay Hegde, representing RTI applicant Neeraj Kumar, countered that academic records are typically published by universities and are already in the public domain.
He rejected Mehta’s argument that such information is held in a fiduciary capacity and cannot be disclosed to outsiders.
The legal battle dates back to 2016, when Kumar had sought the results of all students who appeared for DU’s BA programme in 1978, including PM Modi. The CIC had ruled in favour of disclosure, asserting that educational records of students—past or present—fall within the public domain.
The plea challenging this order was filed in 2017, with the Delhi High Court granting an interim stay on the directive.
In a separate case, the Gujarat High Court had in March 2023 quashed a 2016 CIC order asking for details of Modi’s educational qualifications in response to an RTI request by former Delhi Chief Minister Arvind Kejriwal.
Justice Sachin Datta has now reserved the verdict, with a decision expected in due course.
Solicitor General Tushar Mehta, representing DU, argued that while the university has no objection to presenting the degree before the court, it cannot be made public.
Mehta stated that he does not "trust the motives and intentions" of those seeking the information but clarified that while he has "no objection" to presenting the degree before the court, " but will not expose it to the scrutiny of strangers," The Indian Express reported.
Citing privacy concerns, Mehta contended that the right to know under the Right to Information (RTI) Act is not absolute and does not extend to personal information. He asserted that the CIC’s directive should be set aside.
Mehta further warned that allowing unrestricted access to degree records could set a precedent leading to a flood of similar requests, potentially intimidating university officials.
Referring to the Supreme Court’s landmark Puttaswamy judgment, which upheld the right to privacy, he maintained that such disclosures were beyond the intended scope of the RTI Act.
“In principle, such information cannot be sought. This is not the object for which the RTI has been envisioned. The authority will have to decide what is your interest, you are trying to use it for political purposes. We have it but we will not share. There are quite a few free people in this world who will seek one information or another,” Mehta was quoted by the newspaper as saying.
He added that DU possesses a 1978 record confirming Prime Minister Modi’s Bachelor of Arts degree.
On the other hand, senior advocate Sanjay Hegde, representing RTI applicant Neeraj Kumar, countered that academic records are typically published by universities and are already in the public domain.
He rejected Mehta’s argument that such information is held in a fiduciary capacity and cannot be disclosed to outsiders.
The legal battle dates back to 2016, when Kumar had sought the results of all students who appeared for DU’s BA programme in 1978, including PM Modi. The CIC had ruled in favour of disclosure, asserting that educational records of students—past or present—fall within the public domain.
The plea challenging this order was filed in 2017, with the Delhi High Court granting an interim stay on the directive.
In a separate case, the Gujarat High Court had in March 2023 quashed a 2016 CIC order asking for details of Modi’s educational qualifications in response to an RTI request by former Delhi Chief Minister Arvind Kejriwal.
Justice Sachin Datta has now reserved the verdict, with a decision expected in due course.
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