MA marksheet of PM Narendra Modi available in public domain. (Image: Gujarat University website)
Gujarat University put up Prime Minister Narendra Modi’s degree certificates on its website in May 2016, while challenging the CIC order on principle as it holds lakhs of degrees in a fiduciary capacity and is not governed by the RTI Act
The Gujarat High Court on Friday imposed a fine of Rs 25,000 on Delhi Chief Minister Arvind Kejriwal, noting how the AAP convener persisted with the issue of Prime Minister Narendra Modi’s degree certificate from Gujarat University despite it being made public since 2016.
“Despite the fact that the degree in question has been put up on the website of the petitioner University for all to see and as amply explained with precision in the pleadings before this Court and the respondent has never at any time disputed the degree in question In these proceedings or even during the final hearing, respondent No. 2 (Kejriwal) persisted with the matter. This is another reason for imposing costs while admitting this petition,” the HC said in its judgment Said.
The court observed that the beneficial provisions of the RTI Act were indiscriminately used in this case for purposes not contemplated by the legislature while enacting the said Act.
“In the present case, the manner in which a request came from (Arvind) Kejriwal, who was neither an applicant nor an appellant and only a respondent before the CIC, leaves much to be desired. The High Court Such requests cannot be made making a mockery of the intent and purpose of the RTI Act, it said in its detailed order.
Gujarat University immediately put up the Prime Minister’s degree certificates on its website in 2016, challenging the CIC order in principle as it holds lakhs of degrees in a fiduciary capacity and is not governed by the RTI Act. The university approached the High Court to set aside the CIC order, saying such a demand was made by Kejriwal to politically sensationalize the issue.
government sources told News18 That Prime Minister Modi’s degree certificates were available in the public domain in two places – in his affidavit filed during the 2014 elections when Kejriwal contested against him from Varanasi. From 2016 the certificates are also available on the Gujarat University website. Nevertheless, Kejriwal remained adamant on the matter till the High Court.
The HC held that in the light of the legal position laid down by the Supreme Court, educational documents including degrees fall within the purview of personal information of a citizen, the disclosure of which is exempt under Section 8(1)(j) of the RTI Act. , Further, this information is held by universities and boards in a fiduciary capacity on behalf of their students, which is again exempted under the Act.
The High Court order also noted that the CIC in its impugned order had come to the conclusion that the information sought was neither in public interest nor in discharge of public functions performed by Modi as PM of India. related to accountability or transparency.
The Solicitor General of India also pointed out before the HC that the degree in question belongs to a person holding the office of the Prime Minister of India and therefore, in principle, the university has no objection to making the degree public. Keeping in view the highest degree of fairness and transparency, the same has also been uploaded on its website on 9th May, 2016. This clearly states that there is no intention on the part of the appellant (University) to withhold any information, argued the Solicitor General.
“However, notwithstanding this, the respondent (Kejriwal) is arbitrarily seeking to prosecute this issue for extraneous and perverse purposes. It is submitted that the Appellant University has awarded lakhs of degrees to lakhs of students over the years. If this order is not stayed, the appellant would be inundated with applications seeking such “third party information” and therefore, the impugned order should be stayed pending the decision of the question raised in this petition,” The university argued.
Government sources said the HC cited the example of Kejriwal as he tried to sensationalize through his “fishing” campaign. The Chief Minister of Delhi has recently questioned Modi’s educational qualification, which the BJP has said is a lie.
“It becomes clear that Kejriwal had access to PM’s degree certificate. But he wanted to sensationalize through indiscriminate RTI activism,” said a government source.
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