Excelsior Correspondent
Srinagar, May 2: High Court has held that a private unaided educational institution established and run by an independent society and not financed directly or indirectly by the appropriate Government does not fall within the definition of public authority as such information under its possession cannot be accessed through provisions of Right to Information Act.
Justice Sanjeev Kumar in a well elaborated judgment passed in a petition filed by a renowned educational institutions of Valley came to the conclusion that a private unaided educational institution established and run by an independent society, trust or managing committee, which is not substantially financed directly or indirectly by the appropriate Government does not fall within the definition of public authority.
The petition filed by the management of Tyndale Biscoe Schools against the communications of Chief Education Officer, Srinagar whereby the petitioner-schools were called upon to prove point-wise information made by different persons seeking information with regard to the affairs of the schools under RTI Act. These schools claim they are private unaided educational institutions being run and administered by Tyndale Biscoe & Mallinson Society and approached the court against the action of the CEO Srinagar for forcing, pressuring and compelling the petitioner-schools to provide information to various persons under the Right to Information Act.
The Additional Advocate General appearing for and on behalf of the Education Department contended that the petitioner-schools are performing a public duty of imparting education and have established their institutions on the lands provided by the Government on nominal prices, are public authority as such the Chief Education Officer, Srinagar has committed no illegality in calling upon the petitioner-schools to respond to the applications moved by some information seekers under the RTI Act.
The court while allowing the petition of these schools held that a private educational Institution which may require recognition or is recognized by the appropriate Government under any law for the time being in force, does not become a public authority unless it is either owned, controlled or substantially financed by the appropriate Government.
Justice Kumar further clarified that a private unaided institution is not an authority or body or institution of self Government established or constituted by or under the Constitution; by any other law made by the Parliament or by any law made by the State Legislature or by any notification issued and order made by the appropriate Government.
“Private unaided school and 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’ and, therefore, obliged to provide requisite information to the information seeker within the ambit and scope of the RTI Act”, reads the judgment.
Court with these findings held that Tyndale Biscoe & Mallinson Society, is not a public authority, as information in its exclusive possession cannot be accessed directly from it by the information seeker under the provisions of the RTI Act
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