Breaking: PM Modi Degree Row: Gujarat HC Dismisses Kejriwal's Appeal, Upholds ₹25,000 Cost Imposed By Single Judge

The Gujarat High Court on Tuesday dismissed AAP convenor Arvind Kejriwal's appeal challenging a 2023 judgment of the Single Judge which quashed the Central Information Commission's (CIC) direction to Gujarat University to disclose information concerning Prime Minister Narendra Modi's academic degrees.

A Division Bench comprising Chief Justice Sunita Agarwal and Justice D.N. Ray found no error in the judgment of the Single Judge and dismissed the appeal. The Bench also left undisturbed the ₹25,000 cost imposed on Kejriwal by the Single Judge.

"In the totality of facts and circumstances of the present case, no error on any of the submissions of the appellant hearing can be found in the judgment impugned. The appeal stands dismissed accordingly with no further order as to cost" the Division Bench said.

The dispute relates to a 2016 CIC order directing Gujarat University to provide information concerning degrees in the name of Prime Minister Narendra Modi. The University had challenged the direction before the High Court.

On March 31, 2023, Justice Biren Vaishnav allowed the University's challenge and set aside the CIC's direction.

The Single Judge had also imposed costs of ₹25,000 on Kejriwal, observing that he had continued to pursue the issue despite the material placed before the Court concerning the Prime Minister's qualification.

The Court had particularly taken note of the University's Office Register, which recorded the conferment of the degree.

Kejriwal subsequently sought review of the judgment, arguing, among other things, that the University had produced only an office register reflecting conferment of the degree and not the degree itself.

The review petition was also rejected.

The Single Judge had observed that the Office Register was a contemporaneous university record reflecting conferment of the degree and was sufficient for the purpose under consideration.

The Court had further criticised Kejriwal's continued pursuit of the issue, holding that the proceedings had been sought to be diverted towards politicising the matter.

It had observed that the manner in which the RTI proceedings were pursued amounted to an "abuse of the process of the RTI machinery", and consequently held that the costs imposed were justified.

Kejriwal challenged imposition of costs

Before the Division Bench, senior advocate Abhishek Manu Singhvi, appearing for Kejriwal, primarily questioned the basis for imposing the ₹25,000 cost.

He argued that the Single Judge had proceeded on the premise that Kejriwal had 'persisted' with the proceedings seeking disclosure of the Prime Minister's degree, whereas, according to the appellant, he had not filed any reply for nearly three years.

Singhvi also questioned the distinction drawn between the actual degree and the university's record concerning conferment of the degree.

The appeal therefore sought interference with the Single Judge's judgment, including the direction imposing costs.

Solicitor General Tushar Mehta, appearing for Gujarat University and the authorities, opposed Kejriwal's challenge.

The University's case was that the RTI mechanism could not be invoked merely to satisfy 'curiosity' and that continued proceedings on the issue would consume the time and resources of public authorities.

During the appellate proceedings, the University also sought to defend the imposition of costs, arguing that the litigation had been pursued relentlessly.

The High Court had reserved judgment in the appeal after hearing the parties earlier this month.

How did the dispute begin?

The controversy dates back to 2016. Kejriwal had written to the CIC in the context of proceedings concerning disclosure of information about his own records and questioned why information relating to Prime Minister Modi's educational qualifications was not being disclosed.

The CIC treated his communication as an RTI application and subsequently directed Gujarat University and Delhi University to provide information concerning Modi's degrees.

Gujarat University challenged the CIC's direction before the High Court

In its March 31, 2023 judgment, the Single Judge quashed the CIC order and imposed ₹25,000 costs on Kejriwal. The judgment also criticised the CIC for effectively expanding the proceedings beyond the statutory framework.

Kejriwal thereafter approached the High Court seeking review of that judgment, but the review was rejected. He then challenged the judgment and the imposition of costs before the Division Bench.

The Division Bench has now dismissed that appeal, leaving the Single Judge's judgment and the ₹25,000 cost intact.