New Delhi:
University of Delhi on Monday mentioned the aim of RTI was to not satiate a 3rd social gathering’s curiosity because it challenged the central data fee’s order over disclosure of data on Prime Minister Narendra Modi’s diploma.
Appearing earlier than Delhi High Court’s Justice Sachin Datta, solicitor normal Tushar Mehta mentioned college students’ data was held by a college in a “fiduciary capability” and could not be divulged to a stranger for the regulation exempted it.
“Section 6 supplies a mandate that data must be given, that’s the goal. But the RTI act will not be for the aim of satisfying somebody’s curiosity,” he mentioned.
Right to data (RTI) regulation can’t be abused or misused by directing disclosure of data unrelated to the transparency and accountability within the functioning of public authorities, argued Mehta.
On the RTI plea of 1 activist Neeraj, the Central Information Commission (CIC) on December 21, 2016, allowed inspection of information of all college students who had cleared the BA examination in 1978 — the yr Prime Minister Modi additionally handed it.
The plea sought particulars of scholars who wrote the examination in 1978.
The CIC order was nevertheless stayed by the excessive courtroom on January 23, 2017.
Mehta on Monday mentioned, “I can go and ask my college that give me my diploma or my marksheet or my papers if guidelines so allow.. however (exemption from disclosure below part) 8 (1)(e) applies to a 3rd social gathering.”
He referred to as the CIC order opposite to the established regulation and mentioned “indiscriminate and impractical” calls for below the RTI Act for a disclosure of “one and all” data could be counter productive and adversely have an effect on the effectivity of the administration.
“He desires everyone’s data within the yr 1978. Somebody can come and say 1979; any person 1964. This college was established in 1922,” mentioned Mehta.
DU had mentioned the CIC order had “far-reaching antagonistic penalties” for the petitioner and all universities within the nation that held levels of crores of scholars in a fiduciary capability.
In its problem to the CIC order, DU mentioned the order of the RTI authority was “arbitrary” and “untenable in regulation” as the data sought to be disclosed was a “third social gathering private data”.
The DU’s petition referred to as it “fully unlawful” for the CIC to have directed it to reveal such an data out there to it in a fiduciary capability.
It argued no discovering over any urgent necessity or overwhelming public curiosity warranting disclosure of such data was rendered.
The RTI Act, it mentioned, was lowered to a “joke” with queries searching for information of all college students who handed the BA examination in 1978, together with the Prime Minister.
The CIC, in its order, advised DU to permit inspection and rejected the argument of its public data officer that it was a 3rd social gathering private data, observing there was “neither benefit, nor legality” in it.
The college was directed “to facilitate inspection” of the register which saved the whole data on outcomes of all college students who cleared the BA examination in 1978 together with their roll quantity, names of the scholars, fathers’ names and marks obtained, and supply an authorized copy of the extract, freed from value.
The matter could be heard later in January.
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