Delhi High Court quashes CIC directive to allow disclosure of Smriti Irani's CBSE exam records

The Delhi High Court on Monday set aside a 2017 order passed by the Central Information Commission (CIC) directing the Central Board of School Education (CBSE) to provide an RTI applicant with details about former Union Minister Smriti Irani’s class X and XII board exam results [CBSE v. Mohd Naushadudin and connected matters].

Justice Sachin Datta held that there is no implicit public interest involved to divulge such information under the Right to Information Act, 2005 (RTI Act).

The Court, therefore, allowed CBSE's appeal against the CIC's 2017 directive in the matter.

"There is no implicit public interest in respect of the information sought vide RTI Application ... the concerned educational qualifications are not in the nature of any statutory requirement for holding any public office or discharging official responsibilities," it said.

Justice Datta added that just because the information pertains to a public figure, it does not extinguish the privacy and confidentiality rights over personal data that is unconnected with public duties.

"It needs to be emphasized that disclosure of academic details sans any overriding public interest, would amount to an intrusion into the personal sphere which is constitutionally protected post KS Puttaswamy (supra)," he said.

The Court further said that the disclosure of such information could open the floodgates for more such demands, motivated by idle curiosity or sensationalism.

"This Court cannot be oblivious to the reality that what may superficially appear to be an innocuous or isolated disclosure could open the floodgates of indiscriminate demands, motivated by idle curiosity or sensationalism, rather than any objective 'public interest' consideration. Disregarding the mandate of Section 8(1)(j) in such context would inexorably lead to demands for personal information concerning officials / functionaries spanning the entire gamut of public services, without any real “public interest” being involved. The RTI Act was enacted to promote transparency in government functioning and not to provide fodder for sensationalism," it said, while allowing the CBSE's appeal.

In 2015, one Mohd Naushadudin had filed an RTI application asking the CBSE to disclose whether the then-Union HRD Minister Smriti Irani had cleared the Matriculation Examination in the year 1991 and Intermediate Examination in the year 1993 from CBSE's Board.

He added that he wanted a copy of her class X and XII admit cards and marksheet.

The CBSE's Public Information Officer (PIO) rejected the plea. Naushadudin challenged the order before the first appellate authority, which too denied the information.

He then moved a second appeal before the CIC.

On January 17, 2017, the CIC directed CBSE 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 CBSE then challenged the directions before the High Court, which allowed its appeal today.

"In the circumstances, the impugned orders which are the subject matter of W.P.(C) 600/2017 and W.P.(C) 1051/2017 (matter concerning Smriti Irani's CBSE records), being inconsistent with and de-hors the provisions of RTI Act, cannot be sustained and are accordingly set aside," the Court said.

By the same ruling, the Court also overturned the CIC's order to disclose information related to Prime Minister (PM) Narendra Modi's degree.

[Read Judgment]