The Delhi High Court on Monday set aside a Central Information Commission (CIC) order that had directed the Central Board of Secondary Education (CBSE) to provide copies of Union Minister Smriti Irani’s Class X and XII records.
Justice Sachin Datta held that educational qualifications are not a statutory requirement for holding public office or discharging official responsibilities, and therefore do not fall within the scope of mandatory disclosure under the Right to Information (RTI) Act.
The court allowed CBSE’s petition challenging the CIC’s January 17, 2017 order, which had instructed the Board to “facilitate inspection of relevant records and provide certified copies of documents selected by the appellant free of cost, except personal details in admit card and mark sheet.”
The judgment comes in the backdrop of similar proceedings concerning Prime Minister Narendra Modi’s educational records. In that case, the High Court also set aside a CIC order directing Delhi University to disclose details of his bachelor’s degree, holding such information to be “personal” and lacking any “implicit public interest.”
Citing Section 8(1)(j) of the RTI Act, the court said disclosure of academic details without overriding public interest would intrude into an individual’s privacy, which has been constitutionally protected following the K.S. Puttaswamy judgment on the right to privacy.
“The fact that the information sought pertains to a public figure does not extinguish privacy/confidentiality rights over personal data unconnected with public duties,” Justice Datta observed.
He further cautioned that “what may superficially appear to be an innocuous or isolated disclosure” could open “floodgates of indiscriminate demands, motivated by idle curiosity or sensationalism,” which goes against the RTI Act’s purpose of promoting transparency in governance.
The case originated from an RTI application filed by Mohd Naushadudin, who had sought copies of Irani’s Class X and XII admit card and mark sheets from CBSE. The Public Information Officer denied the request, and the First Appellate Authority upheld the denial. The applicant then approached the CIC, which had directed CBSE to provide the records—a decision now overturned by the High Court.
