The Delhi High Court recently dealt with an unusual request under the Right to Information Act, 2005 (RTI Act). The matter revolved around whether the University of Delhi could be compelled to disclose records of students who appeared in the Bachelor of Arts examinations way back in 1978.
The petitioner, University of Delhi, had challenged an order of the Central Information Commission (CIC) directing it to provide details of students, including their roll numbers, names, father’s names, marks and results from the 1978 BA exam. The CIC had held that such details form part of public records and cannot be treated as confidential.
Court Proceedings:
Earlier, the Central Public Information Officer (CPIO) had rejected the RTI application citing Section 8(1)(j) of the Act, which protects personal information unless public interest justifies disclosure. This decision was upheld by the First Appellate Authority. However, the CIC disagreed, observing:
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“Once a student passes an examination and secures a degree, the details of such qualification cannot be treated as private or third-party information.”
The CIC had even drawn parallels with election law, noting that educational qualifications of candidates contesting elections are deemed essential for public scrutiny.
The High Court, while hearing the petition, stressed the importance of balancing the right to information with individual privacy. The judgment has sparked debate on how far the RTI Act can stretch when it comes to decades-old academic records.
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As the court observed:
“Disclosure of educational qualifications does not ordinarily affect the privacy of an individual, but blanket disclosure of marks and personal details may raise larger questions.”
This case highlights a growing tension in Indian law-between transparency on one hand, and data privacy on the other.
Case Titles: University of Delhi vs. Neeraj & Anr.
Case No: W.P.(C) 600/2017 & CM APPLs.6048/2018, 7942/2018, 18395/2018, 34218/2023
