The Delhi High Court declined to first hear Delhi University’s (DU) plea challenging the Central Information Commission’s order allowing the university to inspect records of all students who passed their BA examination in 1978. was instructed. In the same year Prime Minister Narendra Modi graduated from there. Justice Subramaniam Prasad issued notice to DU on an application for early hearing in the matter and listed it for hearing on October 13, the day the main petition is already fixed for hearing. On January 23, 2017, the High Court had stayed the commission’s order of December 21, 2016.
The matter is listed for hearing in October
Apart from DU’s challenge to the Central Information Commission’s order, the court was also hearing other petitions raising similar legal issues related to disclosure of certain examination result information. The CIC’s order came on the petition of activist Neeraj under the Right to Information Act. Under RTI, the details of the students who appeared in the BA examination held in DU in 1978 were sought. Senior advocate Sanjay Hegde, on behalf of Neeraj, said during the hearing that the matter has been pending for a long time, so early hearing is desirable. Justice said, the matter is listed for hearing in October. Write my point, if I remain in the roster then the matter will be settled. I don’t see any reason why this should be done.
RTI authority’s order arbitrary and unconscionable in law
Challenging the CIC order, DU contended that the order of the RTI authority was arbitrary and unenforceable in law as the information sought was personal information of a third party. DU, in its petition, had said that it was completely illegal for the CIC to issue a direction to the petitioner (DU) to supply the information which is available with it as a matter of credibility. He said that apart from this, there is no urgency or even a matter of larger public interest for the information.
Requested records of all students
DU had earlier told the court that the CIC’s order would have far-reaching adverse consequences for the petitioner and all universities in the country, which hold degrees of crores of students with the responsibility of credibility. He claimed that the RTI Act has been made a mockery where records of all the students who passed the BA examination in 1978 including Prime Minister Modi have been sought. The CIC, in its order, had asked DU to allow inspection of records. It had rejected the argument of the Central Public Information Officer that it was private information of third parties.
