Ahmedabad: The Gujarat high court today quashed Chief Information Commissioner(CIC)’s year 2016 order directing Gujarat Varsity to provide information on Prime Minister Narendra Modi’s Degree Under the Right to Information (RTI) Act. The Hich Court imposed a cost of Rs. 25,000 upon the Chief Minister of Delhi Arvind Kejriwal. Kejriwal will have to deposit it with the Gujarat State Legal Services Authority. The Court of Justice Biren Vaishnav also refused to grant a stay on the Judgment.

Gujarat University had challenged the CIC’s order to make Modi’s MA degree, reportedly issued in 1983, available to Kejriwal. The university took exception to the alleged misuse of RTI provisions and contested that RTI could be applied to disclose Modi’s degree “for the purpose of satisfying somebody’s childish curiosity or to give a job opportunity to few individuals who are misusing it”.

GU’s counsel had submitted that merely because Kerjriwal was ready to make his degree public, it does not mean that Modi’s degree should also be publicly displayed. Only the larger public interest warrants disclosure of personal information and “this is not to satisfy someone’s immature way of dealing with public figures”, he had submitted.

The university had also criticized the CIC for using suo motu powers to pass the order to make Modi’s degree public, though it has no direct relationship with public activity or the larger public interest.

In February, solicitor general Tushar Mehta represented the university and submitted that the varsity had already placed Modi’s degree on its website. The university decided to contest the CIC order on the principle that it cannot part with information of its students because of its fiduciary relationship with them, which is exempt from disclosure under Section 8 of the RTI Act. This is also information pertaining to a third party and the university is under an obligation not to disclose third-party information.

From the Gujarat High Court Verdict

‘In the present case, the manner in which a request came from Respondent No.2 (Aravind Kejriwal) who was neither an Applicant nor an appellant and was merely a respondent before the CIC leaves much to be desired. Such requests cannot be made so casually making mockery of the very intent and purpose of the RTI Act.’

‘Respondent No.2(Aravind Kejriwal), doubtlessly used an appeal against him to kick start and trigger a controversy not falling within the purview of the RTI Act for the objects and purpose this court need not go into. Having found both the requests by Respondent No.2(Aravind Kejriwal) and the order by the CIC being absolutely causal and having found that neither such request was competent nor such an order could have been passed and keeping in view the salutary object of the RTI Act, this court thinks it fit to allow the present petition with a direction to Respondent No.2(Aravind Kejriwal) to pay costs.’

‘Further despite the degree in question being put on the website of the petitioner University for all to see and despite this fact being made expressly clear with precision in the pleadings before this Court and despite the respondent never ever disputing the degree in question either during the pendency of these proceedings or even during final hearing, the respondent No.2(Aravind Kejriwal) has persisted with the matter. This is one more reason to impose costs while allowing this petition.’

‘GU (Gujarat University) had challenged the CIC’s decision to disclose Modi’s allegedly issued 1983 MA degree to Kejriwal, arguing that RTI should not be misused to satisfy someone’s curiosity or to benefit a few individuals. The university’s lawyer, Tushar Mehta, stated that Modi’s degree had already been made available on their website and that the university had a fiduciary relationship with its students, which exempted them from disclosing third-party information. GU’s counsel argued that the public interest must warrant the disclosure of personal information, and not merely to satisfy someone’s immature curiosity. Additionally, the university criticized the CIC’s use of suo motu powers to order disclosure of Modi’s degree, as it has no direct relationship with public activity or larger public interest.’

‘Accordingly, petition is allowed. The impugned order dated 29.04.2016 passed in proceeding No. CIS/SA/C/2015/000275 is quashed and set aside. Respondent No.2(Arvind Kejriwal) is directed to pay costs of Rs. 25,000/- to be deposited with Gujarat State Legal Services Authority within a period of 4 weeks from the date of this judgment. Rule is made absolute accordingly.’

DeshGujarat