Gujarat High Court set aside a 2016 order of the Central Information Commission (CIC) directing Gujarat University to provide the details of Prime Minister Narendra Modi’s M.A. degree to Delhi Chief Minister Arvind Kejriwal.
Justice Biren Vaishnav of Gujarat HC allowed a petition moved by Gujarat University (GU) that had challenged the direction of Central Information Commission (CIC) asking the varsity to furnish the details of Master in Arts (MA) degree of Prime Minister Narendra Modi under Right to Information Act (RTI).
The court has also imposed a fine of ₹25,000 on Delhi CM Kejriwal, who was a party respondent in the case. Moreover, the court has also declined to stay its order, dismissing a request made by the lawyer appearing for Delhi CM after appealing the verdict in the higher court.
On February 9, the High Court on had concluded hearing in a petition of Gujarat University in the matter.
“Doesn’t the country even have the right to know how educated their PM is? He vehemently opposed showing the degree in the court. Why? And those who demand to see their degree will be fined? What is this happening? Illiterate or less educated PM is very dangerous for the country,” Mr. Kejriwal tweeted in hindi reacting to the High Court’s order.
The University in its petition had sought quashing of an order passed by the Central Information Commission (CIC) that directed the varsity to provide a copy of Prime Minister Narendra Modi’s masters’ degree to Delhi CM Arvind Kejriwal.
After concluding the hearing, the court had reserved the matter for order, which was delivered on March 31.
In 2016, the varsity had filed a petition challenging the CIC order in which the university was directed to provide information on PM Modi’s degree under the RTI Act.
On February 9, Solicitor General (SG) Tushar Mehta appeared for the university and contended that no student’s degree can be disclosed under the RTI as it violates the privacy of the individual.
Mr. Mehta submitted that information about the PM’s degrees is “already in the public domain” and the university had also placed the details on its website in the past, and claimed the 2005 Act is being used for settling scores and to make “childish jabs” for political purposes.
Citing some past judgments of the Supreme Court and by other HCs about the exemptions granted under section 8 of the RTI Act, Mr. Mehta said one cannot seek someone’s personal information “just because you are curious about it”.
“One can seek information if it falls in the category of larger public interest. But, you cannot seek private information not related to my public activity. Just because the public is interested in it, it cannot become public interest. Courts’ interpretation has established that education qualification is personal information, whether it is of a politician or any other person,” he contended before Justice Biren Vaishnav.
Responding to Mr. Mehta, senior advocate Percy Kavina, appearing for Delhi Chief Minister Arvind Kejriwal, told the court that information about the PM’s degrees was not available in the public domain as claimed by the solicitor general.
In his submission, he asked what prompted the university to challenge the order of the CIC. According to him, the PMO should have challenged the order if it was aggrieved with the CIC’s order.
Countering the arguments of the lawyer representing Mr. Kejriwal, Solicitor General submitted, “question is, can universities be compelled to disclose degrees, specially when there is no public activity involved in connection with that information, and secondly in absence of a finding that public interest demands. Merely because I’m holding a high office is no public interest…”
After the court ruling, the BJP stated that Mr. Kejriwal was likely to go to any extent to meet his political goals. Former Union Minister Ravi Shankar Prasad slammed Delhi Chief Minister Arvind Kejriwal. “Arvind Kejriwal consciously, deliberately and in a motivated manner sought to make it an issue that if you will have to disclose my photo I-card then also disclose the educational qualification of Prime Minister Narendra Modi ji. Despite the fact that it was already a part of the digital and social media record including the digital records of Gujarat University,“ Mr. Prasad said at his residence in Patna, noting that the AAP leader would take any action that would further his political ambitions.
He added, “The colleagues of Arvind Kejriwal like Manish Sisodia and Satyendra Jain are behind bars in corruption cases and none of them have got the relief from the court yet. Arvind Kejriwal is the person who makes false allegations and then seeks apology, that’s his nature. He had sought to defame late Arun Jaitley ji as well. It is for the first time perhaps in the history of India’s political evolution that a sitting Chief Minister, after judicial proceedings, has been fined ₹25,000.”
According to the details of the case, in July 2016, the Gujarat HC stayed the Central Information Commission’s order asking the university to provide information on the degree earned by Mr. Modi from the educational institute.
Earlier in April 2016, then-CIC M Sridhar Acharyulu had directed the Delhi University and the Gujarat University to provide information on degrees earned by Modi to the AAP leader.
The CIC’s order came a day after Mr. Kejriwal wrote to Mr. Acharyulu, saying he has no objection to government records about him being made public and wondered why the commission wanted to “hide” information on Mr. Modi’s educational qualifications.
(With inputs from Amit Bhelari)
