AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2022 (4) TMI 1518
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....ce to the applications made by different persons seeking information with regard to affairs of the petitioner-schools under the Act of 2005. 2. The petitioners claim that in response to the different communications issued by the Chief Education Officer, Srinagar, the petitioners have written back that the private unaided schools, as the petitioners are, do not come within the purview of the expression "public authority" as defined under Section 2(h) of the Act of 2005 and, therefore, they are not bound to disclose or provide any information to the applicant(s) seeking information by invoking the Act of 2005. 3. Ms. Asifa Padroo, learned AAG appearing for the respondents has contested the contention of Mr. Sethi, learned Senior Counsel appearing for the petitioners by submitting that the petitioners, who are performing a public duty of imparting education and have established their institutions on the lands provided by the government on nominal prices, are nonetheless public authority within the meaning of Section 2(h) of the Act of 2005, therefore, the Chief Education Officer, Srinagar has committed no illegality in calling upon the petitioners to respond to the applications move....
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.... Trust and Management Society, a non-governmental organization, was a public authority, as defined under Section 2(h) of the Act of 2005 and, therefore, bound to provide information to the information seeker under the Act of 2005. Hon'ble the Supreme Court after considering the matter at some length concluded that the educational societies like the D.A.V. College Trust and Management Society do not fall in any of the categories enumerated from (a) to (d) of Sub Section (h) of Section 2 of the Act of 2005. 8. With regard to the question as to whether the petitioners-Societies before the Supreme Court would be:- (i) bodies owned, controlled or substantially financed directly or indirectly by the funds provided by the appropriate Government and (ii) non-governmental organizations substantially financed directly or indirectly by funds provided by the appropriate Government. Hon'ble the Supreme Court held that the petitioners-Societies before it were not the bodies owned, controlled or substantially financed directly or indirectly by funds provided by the appropriate Government but they were found non-governmental organizations substantially financed directly or indirectly by funds pro....
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....the definition, Parliament intended to add two more categories, the first being in subclause (i), which relates to bodies which are owned, controlled or substantially financed by the appropriate Government. These can be bodies which may not have been constituted by or under the Constitution, by an Act of Parliament or State Legislature or by a notification. Any body which is owned, controlled or substantially financed by the Government, would be a public authority. 18. As far as sub clause (ii) is concerned it deals with NGOs substantially financed by the appropriate Government. Obviously, such an NGO cannot be owned or controlled by the Government. Therefore, it is only the question of financing which is relevant. ................................. 22. Therefore, in our view, Section 2(h) deals with six different categories and the two additional categories are mentioned in sub clauses (i) and (ii). Any other interpretation would make clauses (i) and (ii) totally redundant because then an NGO could never be covered. By specifically bringing NGOs it is obvious that the intention of the Parliament was to include these two categories mentioned in sub clauses (i) and (ii) in addi....
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....ned, controlled or substantially financed by the Government. It would be farfetched to contend that the private unaided educational institutions being run by a society or trust are either owned or controlled by the government. As is held by the Supreme Court in the case of D.A.V. College (supra), a Society which may not be owned or controlled by the Government may be an NGO and it would fall within the definition of "public authority" given in Sub-clause (ii) of Section 2(h) of the Act of 2005, provided it is substantially financed directly or indirectly by the funds provided by the appropriate Government. The expression "substantially" used in Section 2(h) of the Act of 2005 has also been elaborately explained in the judgment. Merely providing subsidies, grants, exemptions, privileges etc. as such, cannot be said to be providing funding to a substantial extent, unless the record shows that the funding was so substantial to the body which practically runs by such funding and but for such funding, it would struggle to exist. It was, thus, concluded by the Supreme Court that "substantial funding" would mean the funding of the institution where educational institution is getting more ....
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....ry to advert to the definition of word "information" and "right to information" given in Section 2(f) and 2(j) of the Act of 2005, which for facility of reference are reproduced hereunder:- "(f) "information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force." ...................... "(j) "right to information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to--- (i) inspection of work, documents, records; (ii) taking notes, extracts or certified copies of documents or records; (iii) taking certified samples of material; (iv) obtaining information in the form of diskettes, floppies, tapes video cassettes or in any other electronics mode or through printouts where such information is stored in a computer or in any other device;" 13. So far as definition of informati....
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....tter. Section 8 of the Act of 2005, which is a non obstante provision overriding other provisions of the Act, lays down exceptions and rules when information sought is not required to be furnished. It is only such information relating to a private body as can be legally and legitimately accessed by a public authority under any other law for the time being in force, which can be provided by the public authority to the information seeker. 16. A Bench of the High Court of Delhi confronted the same issue in the case of Poorna Prajna Public School v. Central Information Commission and others, (2009) SCC Online Del 3047. The observations of the Delhi High Court made in para 8 are worth noticing and are, therefore, reproduced hereunder:- "8. Information as defined in Section 2(f) means details or material available with the public authority. The later portion of Section 2(f) expands the definition to include details or material which can be accessed under any other law from others. The two definitions have to be read harmoniously. The term 'held by or under the control of any public authority' in Section 2(j) of the RTI Act has to be read in a manner that it effectuates and is in harmo....
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.... the State Legislature; or by any notification issued and order made by the appropriate Government. iv) Private unaided school/institution may not be a body under the control and substantially financed by the appropriate government, but such institution will fall within the definition of term "non-government organization" and if it is found that such non-government organization is substantially financed directly or indirectly by funds provided by the appropriate Government, it will be "public authority" within the meaning of Section 2(h) of the Act of 2005 and, therefore, obliged to provide requisite information to the information seeker within the ambit and scope of the Act of 2005. v) Even if a private unaided institution is not a public authority still all the information as can be accessed by the public authority (Public Information Officer of the Education Department) or some other department of the Government under any other law for the time being in force can be provided by the public authority. Such information could be the one in possession of the public authority or it could be the information legally accessible or obtainable from the private body. Needless to say tha....