Educational Qualifications, Degrees Are 'Personal Information', Can't Be Disclosed Under RTI Act: Delhi High Court In PM Modi Degree Case

The Delhi High Court on Monday ruled that information pertaining to an individual's educational qualifications, including degrees and marks, is “personal information”, exempted from disclosure under the RTI Act.

“Thus, it is unambiguously clear that the 'marks obtained', grades, and answer sheets etc. are in the nature of personal information and are protected under Section 8(1)(j) of the RTI Act, subject to an assessment of overriding public interest,” Justice Sachin Datta said.

The Court made the observations while setting aside an order of the Central Information Commission (CIC) directing the Delhi University (DU) to disclose information with respect to the bachelor's degree of Prime Minister Narendra Modi.

DU filed the plea in 2017 against CIC's order which allowed inspection of records of the students who had passed BA programme in 1978, when Prime Minister Narendra Modi is also stated to have cleared the examination. The order was stayed on the first date of hearing on January 24 in 2017.

The judge also set aside another CIC order directing CBSE to facilitate inspection of relevant records (Class X and XII admit card and marksheets) pertaining to former Union Minister Smriti Irani.

In its judgment, the Court observed that mark sheets or results or degree certificate or academic records of any individual, even if that individual is a holder of public office, are in the nature of personal information. The fact that a person holds a public office does not, per se, render all personal information subject to public disclosure, it added.

Justice Datta said that the Court cannot be oblivious to the reality that what may superficially appear to be an innocuous or isolated disclosure could open the floodgates of indiscriminate demands, motivated by idle curiosity or sensationalism, rather than any objective “public interest” consideration.

“Disregarding the mandate of Section 8(1)(j) in such context would inexorably lead to demands for personal information concerning officials / functionaries spanning the entire gamut of public services, without any real public interest” being involved. The RTI Act was enacted to promote transparency in government functioning and not to provide fodder for sensationalism,” the Court said.

Further, the Court said that the relationship between the Delhi University and its students involves asymmetrical trust, and consequential thereto, sensitive and confidential student information or data is entrusted to the University.

“Thus, “something which is of interest to the public” is quite different from “something which is in the public interest”. As noted by the Supreme Court, the public may be interested in private matters which may have no bearing on the public interest. Such matters cannot impinge upon the exemption provided under Section 8(1)(j) of the RTI Act,” the Court said.

It added that the fact that the information sought pertains to a public figure does not extinguish privacy or confidentiality rights over personal data, unconnected with public duties.

Justice Datta further held that Section 8(3) of the RTI Act does not automatically override the exemption under Section 8(1)(j) when the information sought is inherently personal and protected under the right to privacy.

The Court said that the statutory provision must be interpreted in harmony with constitutional guarantees, and no disclosure can be directed unless a demonstrable and compelling public interest clearly outweighs the privacy right in question.

Also Read: Breaking | Delhi High Court Sets Aside CIC Order Directing Disclosure Of Information On PM Modi's Degree

Title: University of Delhi v. Neeraj and other connected matters

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