PM Degree Row: Solicitor General Slams Kejriwal’s Plea in Gujarat HC

AHMEDABAD :  The dispute over the disclosure of Prime Minister Narendra Modi’s degree returned to the Gujarat High Court, with Solicitor General Tushar Mehta arguing that educational records held by a university cannot be disclosed to third parties merely out of curiosity and that privacy protections under the RTI framework must be respected.

Mehta was appearing in proceedings concerning Arvind Kejriwal’s challenge/review related to the Gujarat University degree disclosure issue. The underlying litigation began with a Central Information Commission (CIC) direction concerning information about Modi’s degree. A 2023 Gujarat High Court order records Gujarat University’s challenge to the CIC direction and Mehta’s appearance for the university.

Arguing before the court, Mehta said the demand that disclosure of Kejriwal’s degree should be accompanied by disclosure of the Prime Minister’s degree was not a valid basis for determining whether private educational information could be released.

“Information cannot be sought merely out of curiosity,” Mehta argued, stressing that universities hold student information in a relationship of trust.

He submitted that details such as marks, examination records and other personal information are generally treated as private, and that disclosure to a third party requires examination of whether a genuine larger public interest exists.

The Solicitor General also argued that a distinction must be maintained between an individual seeking information concerning themselves and a third party seeking another student’s records. He cited the principle that an examinee may obtain their own answer sheet, whereas a third party cannot automatically claim access to it.

The court observed that a university cannot disclose private information without following due procedure and questioned whether the CIC had exercised sufficient prudence in directing disclosure. The court also noted concerns over the potential misuse of RTI requests for private information.

Mehta further referred to the earlier proceedings and argued that Kejriwal’s continued challenge showed that the issue concerning the Prime Minister’s degree remained relevant to his case. He also sought costs for the appeal, referring to the ₹25,000 cost imposed earlier.

The matter is scheduled for further hearing on September 21.