The Gujarat High Court has declined to interfere with the order imposing a cost of ₹25,000 on Aam Aadmi Party leader Arvind Kejriwal in connection with the proceedings seeking disclosure of Prime Minister Narendra Modi’s educational degree, holding that no ground has been made out to warrant interference with the earlier judgment.
A Division Bench comprising Chief Justice Sunita Agarwal and Justice D.N. Ray dismissed Kejriwal’s appeal against the 2023 judgment of the Single Bench, which had set aside the Central Information Commission’s direction requiring Gujarat University to furnish information concerning the Prime Minister’s educational qualification.
The controversy traces its genesis to a 2016 order of the Central Information Commission directing the disclosure of information relating to Modi’s degrees. The direction was subsequently challenged by Gujarat University before the High Court.
In March 2023, Justice Biren Vaishnav quashed the CIC’s direction, holding that the educational records of an individual constitute personal information and are protected under the exemptions contained in the Right to Information Act, 2005.
The Single Bench had further observed that the mere existence of public interest or curiosity surrounding an individual holding high public office could not, by itself, constitute sufficient justification for compelling disclosure of personal information. The Court found that the statutory threshold of an overriding larger public interest had not been established in the case.
While setting aside the CIC order, the Single Bench had also imposed a cost of ₹25,000 on Kejriwal. The Court had taken note of the fact that information concerning the Prime Minister’s educational qualification was already available in the public domain and had questioned the necessity of pursuing the proceedings notwithstanding such disclosure.
During the appellate proceedings, senior advocate Abhishek Manu Singhvi, appearing for Kejriwal, assailed the imposition of costs and contended that the appellant could not be faulted in the manner suggested by the Single Bench. He also questioned the circumstances in which the CIC had proceeded with the matter and argued that the relevant information had already been made available.
Solicitor General Tushar Mehta, appearing for Gujarat University, opposed the appeal and defended the order of the Single Bench. It was argued that the proceedings had continued despite the availability of the relevant information and that the imposition of costs was therefore justified in the circumstances of the case.
Upon considering the rival submissions, the Division Bench found no infirmity warranting appellate interference with the judgment under challenge. The Court accordingly dismissed the appeal and allowed the ₹25,000 cost imposed on Kejriwal to stand.
The judgment reiterates the distinction between information that may generate considerable public curiosity and information whose disclosure is demonstrably warranted by the larger public interest contemplated under the RTI Act. The Court has thus declined to treat public interest in the educational credentials of a public office-holder, by itself, as sufficient to override the statutory protection accorded to personal information.
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