TaxTMI 
TaxTMI 
2015 (9) TMI 1250
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....Registration Act, 1860 on 10-7-2001 and is also registered as a Trust on 16-12-2003. It is also admitted that petitioner No. 2, by virtue of notification issued by the Joint Secretary to the Government of India on 29-9-2003, in exercise of powers conferred under Section 3 of the University Grants Commission Act, 1956, has been declared to be a deemed university. Petitioner No. 2 operates Medical College, Dental College, Nursing College and other Health related educational institutions. 2. Petitioners are taking exception to the direction issued by the University Grants Commission to tender information, as requested by Respondent No. 3 in his application dated 5-12-2008. The University Grants Commission has informed that all the deem....
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....nition of "public authority", which reads thus : 2. Definitions. - In this Act, unless the context otherwise requires, - (h) "public authority" means any authority or body or institution of self-government established or constituted - (a) by or under the Constitution; (b) by any other law made by Parliament; (c) by any other law made by State Legislature; (d) by notification issued or order made by the appropriate Government, and includes any - (i) body ....
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....rder made by "appropriate Government". The notification declaring petitioner No. 2 as deemed university has been issued by the Government of India, Ministry of Human Resources Development, in exercise of powers conferred under Section 3 of the University Grants Commission Act, 1956 and on the advice of University Grants Commission. Thus, petitioner No. 2 is established under a notification issued by the "appropriate Government". 7. Section 2(a) of the Right to Information Act defines "appropriate Government" in relation to "public authority", which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly by the Central Government or the Union territory administration, the Cent....
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....ed by the appropriate Government. If the authority or body or an institution of self-Government is established or constituted by a notification issued by the appropriate Government, it is not necessary that in order to include such institution, body or authority within the definition of "public authority", the same must receive finance from the appropriate Government or shall be owned, controlled by the appropriate Government. The definition of "public authority" falling under Section 2(h)(d) is inclusive of body owned, controlled or substantially financed or non-Governmental organisation substantially financed directly or indirectly by funds provided by the appropriate Government. 10. The word "includes" when used, enlarges the mea....
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....tantial finance from the State and as such, is not the "public authority". The order impugned in this petition is directed against petitioner No. 2, which, according to petitioners, is an independent entity, i.e. Trust registered under the Bombay Public Trusts Act and a society, registered under the Societies Registration Act and further has been declared as a deemed university under the notification issued by the Central Government. Since the direction is issued against petitioner No. 2 alone, the contentions raised by petitioners in respect of petitioner No. 1, need not be answered. We do not propose to deal with the argument advanced concerning status of petitioner No. 1 as the question really does not fall for our consideration in the i....