"Right To Information Is Not Absolute But...": Delhi High Court On Disclosure of Smriti Irani's Class 10,12 Marksheets
The Delhi High Court set aside an order passed by the Central Information Commission (CIC) asking CBSE to allow inspection of class X and XII records of former Union Minister Smriti Irani. Justice Sachin Datta observed that the right to information conferred under Section 3 of the RTI Act is not absolute but is subject to the exemptions enumerated under Section 8(1).
“The mere act of publishing certain information on some occasions does not dilute the legal protection accorded to personal information under Section 8(1)(j) of the RTI Act,” the Court said.
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It further said that in the present case, “no public interest” is implicit in the disclosure of the information sought through RTI.
“…the concerned educational qualifications are not in the nature of any statutory requirement for holding any public office or discharging official responsibilities,” the court added.
Justice Datta passed the order on a batch of pleas, including Delhi University’s plea against CIC order to disclose information with respect to the bachelor’s degree of Prime Minister Narendra Modi. The Court also set aside the order in question.
While the PIO and first appellate authority denied the information, the CIC on January 17, 2017, directed the CBSE to facilitate inspection of records and provide certified copies of documents sought by the RTI applicant.
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In the order, Justice Datta observed that disclosure of academic details sans any overriding public interest, would amount to an intrusion into the personal sphere which is constitutionally protected after KS Puttuswamy judgment of the Supreme Court.
The Court said that CIC’s order regarding Smriti Irani goes to the extent of issuing directions to the private school to trace the roll number of the concerned public functionary and provide the same to the CBSE.
It added that the direction was completely de-hors the provisions of the RTI Act.
