‘Degree made public since 2016…still adamant’, Gujarat HC cites reason for imposing fine on Kejriwal

New Delhi: The Gujarat High Court on Friday imposed a fine of Rs 25,000 on Delhi Chief Minister Arvind Kejriwal for demanding to show the degree certificate of PM Narendra Modi. The High Court noted in its remarks that despite being made public since 2016, Aam Aadmi Party’s National Convenor Arvind Kejriwal persisted in his demand to show Prime Minister Narendra Modi’s degree certificate from Gujarat University.

The Gujarat High Court in its judgment said, ‘Despite the posting of degree certificates on the website of Gujarat University and the fact that the respondent (Gujarat University), whether during the pendency of the hearing or during the final hearing, has made very precise submissions before this Court. And did not explicitly rule out the validity of the degree. Respondent No. 2 (Kejriwal) is still adamant on showing the degree certificate. Accepting this petition, this is another reason for imposing the fine.

The intent and purpose of the RTI Act should not be made a mockery of: HC
The Gujarat High Court said, ‘In the present case, the way a request came from Kejriwal, who was neither an applicant nor an appellant. That he was only a respondent before the CIC leaves a lot to question. Such requests cannot be made so casually as to make mockery of the intent and purpose of the RTI Act.

Challenging the CIC’s order in principle, Gujarat University promptly put up the Prime Minister’s degree certificate on its website in 2016. Because the university holds lakhs of degrees in a fiduciary capacity and is not governed by the RTI Act. The university went to the High Court to set aside the CIC order, saying such a demand by Arvind Kejriwal was made to politically sensationalize the issue.

PM Modi’s degree certificates have been in the public domain in 2014 and 2016
Government sources told News18 that PM Modi’s degree certificates were available in the public domain at two places, including in his affidavit filed while contesting the 2014 Lok Sabha elections, when Arvind Kejriwal contested against him from Varanasi. Government sources told 18 that Prime Minister Modi’s degree certificates were available in the public domain at 2 places, including in his affidavit filed while contesting the 2014 Lok Sabha elections, when Arvind Kejriwal contested against him from Varanasi. From 2016 the certificates are also available on the website of Gujarat University. Still, Kejriwal remained adamant on the matter till the High Court.

The Gujarat High Court held that in the light of the legal position laid down by the Supreme Court, educational documents including degrees come within the ambit of personal information of a citizen, and these documents are exempt under Section 8(1)(j) of the RTI Act. is received. Furthermore, this information is held by universities and boards in a fiduciary capacity on behalf of their students, which is exempted under the RTI Act.

Gujarat HC questions Arvind Kejriwal’s request to CIC
The Gujarat High Court order also mentions that the CIC in its impugned order has come to the conclusion that the information sought was neither in the public interest nor in public function performed by Narendra Modi as the PM of India. Was related to accountability or transparency in discharge. The Solicitor General of India also told the High Court that the degree belonged to a person holding the office of the Prime Minister of India and therefore, in principle, the university had no objection to making the degree public.

The Solicitor General argued, ‘Keeping in view the highest degree of fairness and transparency, the Gujarat University has also uploaded the degree certificate on its website on May 9, 2016. This clearly states that there is no intention on the part of the appellant (University) to withhold or suppress any information. Government sources said that the Gujarat High Court has taught Kejriwal a lesson, as he tried to sensationalize the case for political purposes.

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Tags: Arvind Kejriwal, Gujarat High Court, Narendra modi