In a legal dispute over PM Modi’s educational records, the Delhi High Court was informed that degrees are public acts, challenging Delhi University’s refusal to disclose information under RTI.
New Delhi: In an ongoing legal battle over Prime Minister Narendra Modi’s educational records, the Delhi High Court was informed on Wednesday that granting a degree to a student is a public act and not a private matter. Senior advocate Shadan Farasat, representing RTI applicant Irshad, argued that Delhi University (DU) is a public authority under the Right to Information (RTI) Act and cannot withhold information regarding a degree on the grounds of the applicant’s intent or locus.
The case originates from an order issued by the Central Information Commission (CIC) on December 21, 2016, which directed DU to allow inspection of records for all students who passed the BA exam in 1978, the same year Prime Minister Modi is said to have graduated. The Delhi High Court stayed this order on January 23, 2017.
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Farasat emphasized that a degree represents a qualification granted by the state after meeting specific academic standards.
“The grant of a degree is a public act. It is to represent to the public that the recipient is qualified. There is nothing private about it,”
he asserted. He further argued that a student’s marksheet is already public information, and there exists no fiduciary relationship between DU and its students regarding degrees.
“This is information, the creator of which is DU. Degree is given by DU. It is not my degree given to DU,”
Farasat added, highlighting that DU is merely the custodian of this data.
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Farasat further contended that the RTI Act does not require an applicant to justify their request.
“Why do you need it? Why you? These questions have been done away with. Any information with a public authority is subject to RTI, unless an exemption is proved,”
he explained.
Senior advocate Sanjay Hegde, representing another RTI applicant Neeraj, argued that under election laws, a candidate’s educational qualifications must be disclosed as the public has the right to know.
In its plea against the CIC’s decision, DU called the order arbitrary and legally untenable, arguing that the requested data is third-party personal information. On February 11, Solicitor General Tushar Mehta defended DU’s stance, stating that the university holds this information in a fiduciary capacity, and that mere curiosity does not justify its disclosure under RTI law.
He further stated that RTI laws were being misused, reducing them to a “joke”, as people were seeking records for all students who passed BA in 1978, including Prime Minister Modi.
The CIC had directed DU to allow inspection of its register containing complete details of students who passed the BA examination in 1978, including roll numbers, names, fathers’ names, and marks obtained. It rejected DU’s claim that the information was third-party personal data, stating “there is neither merit nor legality in it.”
The court has scheduled the next hearing for February 27.
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