The Central Information Commission on Tuesday directed the Central Board of Secondary Examination to allow the inspection of Class 10 and 12 school records of Union Minister Smriti Irani.
Rejecting the CBSE's contention that Irani’s school constituted "personal information," the CIC has directed that the information be provided within 60 days.
The Holy Child Auxilium School, Delhi, Irani’s alma mater, has been directed to provide her roll number or reference number to CBSE, Ajmer, which possesses the records for the years 1991 and 1993. The details are aimed at facilitating a “search from huge records which is yet to be digitised”.
“The Commission directs the respondent authority, the CBSE, to facilitate inspection of relevant records and provide certified copies of documents selected by the appellant free of cost, except personal details in admit card and mark sheet, within 60 days from the date of receipt of this order,” Information Commissioner Sridhar Acharyulu said in his order.
Acharyulu was recently divested of the charge of the HRD ministry after he ordered the inspection of BA records of Delhi University pertaining to 1978, the year in which Prime Minister Narendra Modi graduated.
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Rejecting the CBSE's argument that it was a personal information, Acharyulu said it is not correct to say that once a student passes an examination and qualifies to secure a certificate or degree, information about result will be his personal information.
The Information Commissioner said that details like address, contact number and email id will be kept confidential.
“The CPIO has not put forward any material or justification to say that such disclosure of academic qualification related information shall cause unwarranted invasion of privacy of Smriti Irani in this case,” he said.
“But result or contents of certificate, division acquired, year and number along with father's name cannot be treated as personal or third party information,” he said.
Acharyulu said that when a public representative declares his educational qualifications, the voter has a right to check up the declaration.
“Smriti Zubin Irani being an elected MP and holding the Constitutional office of the Union Minister, is a public authority under RTI act. Under the RPA, 1951 she must have fulfilled her statutory responsibility to submit an affidavit declaring educational status. The information to be furnished under a statute cannot be claimed to be given in fiduciary capacity," the Information Commissioner said.
In an exhaustive order, Acharyulu said if it is proved that elected public representative has given wrong information about their education, financial status and crimes, in the affidavits, it would invalidate the election which has observed by Supreme Court bench comprising of Justice Anil Dave and Justice L Nageshwar Rao.
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