New Delhi: The Delhi High Court on Wednesday directed Delhi University to file its objections to the applications seeking condonation of delay in a set of appeals challenging the single-judge order that had set aside the Central Information Commission's (CIC) 2016 direction to disclose details of Prime Minister Narendra Modi's educational qualifications.
A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela heard the matter, which has been filed by AAP leader Sanjay Singh, RTI activist Neeraj Sharma, and advocate Mohd Irshad.
Senior Advocate Shadan Farasat appeared for the appellants and submitted that two key issues arise for consideration whether exemption under Section 8 of the Right to Information Act applies to such disclosures, and even if it does, whether making the degree public serves a larger public interest.
The bench, however, pointed out that the appeals were filed with a delay. Appearing for Delhi University, Solicitor General Tushar Mehta said that instead of issuing notice at this stage, he would file a detailed reply addressing both the delay and the merits of the case. The court asked the appellants if they intended to raise any objection regarding the delay.
The Solicitor General stated that although he had not yet examined the reasons cited for the delay, he had no hesitation in arguing the case on merits as well. The Bench then directed: "File your objections." During the hearing, the court also inquired whether the Central Board of Secondary Education (CBSE) was a party to the proceedings, noting that in one of the connected matters, information about Class 10 and 12 marksheets had also been sought. The appellants clarified that CBSE was not a party to the present appeal.
Recording the proceedings, the bench ordered, "SG Tushar Mehta appears for the respondents. Objections to the condonation of delay application may be filed. Appellant may file a response to the objections." The matter will next be heard on January 16, 2026. The appeals challenge the August 25, 2024 order passed by Justice Sachin Datta, who had ruled that educational qualifications such as degrees and marks fall within the ambit of personal information under Section 8(1)(j) of the RTI Act and cannot be disclosed unless a larger public interest is shown.
In his judgment, Justice Datta had set aside the CIC's December 2016 directive to Delhi University to allow inspection of records of students who graduated in 1978, the year in which PM Modi is said to have completed his Bachelor of Arts degree.
The single-judge bench had held that the relationship between a university and its students is fiduciary, built on trust and confidentiality, and that disclosing academic records to third parties would violate this duty. It also observed that Delhi University functions as a custodian of academic records, maintaining them under a legitimate expectation of privacy.
During earlier hearings, SG Tushar Mehta had argued that making such records public could encourage politically motivated or publicity-driven RTI applications, contrary to the spirit of the Act. He clarified that while such records could be produced before a competent court if required, they could not be disclosed for public inspection.
The dispute stems from RTI applications filed in 2016, following which the CIC directed Delhi University to provide access to PM Modi's degree details. That order was stayed by the High Court in January 2017 and subsequently quashed by the single judge in August 2024.
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