PM degree row: RTI’s purpose not to satisfy curiosity, Delhi University tells High Court

Solicitor General Tushar Mehta said students’ information was held by a university in a ‘fiduciary capacity’ and could not be divulged ‘to a stranger’ for the law exempted it

The University of Delhi on Monday (January 13, 2024) argued before the Delhi High Court that the purpose of a plea under the Right to Information (RTI) Act was not to satiate a third party’s curiosity as it challenged the Central Information Commission’s (CIC) order over the disclosure of information on Prime Minister Narendra Modi’s educational degree.

Solicitor General Tushar Mehta said students’ information was held by a university in a “fiduciary capacity” and could not be divulged “to a stranger” for the law exempted it.

“Section 6 provides a mandate that information will have to be given, that is the purpose. But the RTI Act is not for the purpose of satisfying someone’s curiosity,” Mr. Mehta said.

The RTI law could not be abused or misused by directing disclosure of information unrelated to transparency and accountability in the functioning of public authorities, Mr. Mehta argued.

On the RTI plea of an activist, Neeraj, the CIC had on December 21, 2016 allowed the inspection of records of all students who had cleared the Bachelor of Arts (BA) exam in 1978, the year Mr. Modi also passed it.

The plea sought details of students who wrote the examination in 1978. The CIC’s order was, however, stayed by the High Court on January 23, 2017.

Mr. Mehta called the CIC’s order contrary to established law, and said “indiscriminate and impractical” demands under the RTI Act for the disclosure of “all and sundry” information would be counterproductive, and adversely affect the efficiency of the administration.

“He wants everybody’s information in the year 1978. Somebody can come and say 1979; somebody [can say] 1964. This university was established in 1922,” Mr. Mehta said.

Earlier, the University of Delhi had challenged the CIC’s order, saying it had “far-reaching adverse consequences” for the petitioner and all universities in the country that held the degrees of crores of students in a fiduciary capacity.

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The CIC, in its order, had told the University of Delhi to allow inspection, and rejected the argument of its Public Information Officer that it was personal third party information, observing there was “neither merit, nor legality” in it.

The court will hear the case again in January.

Published - January 13, 2025 09:42 pm IST