Case Note & Summary
The petitioner, PIO and Project Director of Nirmiti Kendra, Chitradurga District, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash the order dated 29.08.2017 passed by the Karnataka Information Commission (KIC) in KIC 13961 APL 2015. The respondent No.3, Sri H R Thimmaiah, had sought information under the Right to Information Act, 2005 regarding the names and addresses of beneficiaries of a training programme conducted by Nirmiti Kendra. The KIC directed the petitioner to provide the information. The petitioner contended that Nirmiti Kendra is not a public authority under Section 2(h) of the RTI Act as it is a project under the Karnataka State Council for Science and Technology (KSCST), which is not substantially financed by the government. Additionally, the information sought was personal information of third parties exempt under Section 8(1)(j) of the RTI Act. The court analyzed the definition of public authority under Section 2(h) and found that Nirmiti Kendra does not fall within any of the categories. It also held that the names and addresses of beneficiaries are personal information unrelated to any public activity, and their disclosure would invade privacy. The court quashed the KIC order and allowed the writ petition.
Headnote
A) Right to Information Act - Public Authority - Section 2(h) - Nirmiti Kendra, a project under Karnataka State Council for Science and Technology (KSCST), is not a public authority under Section 2(h) of the RTI Act as it is not established by or under the Constitution, nor by any law made by Parliament or State Legislature, nor by notification by the appropriate government, and is not substantially financed by the government. (Paras 1-10)
B) Right to Information Act - Exemption from Disclosure - Section 8(1)(j) - Information relating to names and addresses of beneficiaries of a training programme is personal information which has no relationship to any public activity or interest, and its disclosure would cause unwarranted invasion of privacy of the individuals. Hence, exempt from disclosure under Section 8(1)(j) of the RTI Act. (Paras 11-15)
C) Right to Information Act - Third Party Information - Section 11 - The information sought pertains to third parties (beneficiaries) and was provided in confidence; disclosure without consent of the third parties is not permissible under Section 11 of the RTI Act. (Paras 16-18)
Issue of Consideration
Whether Nirmiti Kendra is a public authority under Section 2(h) of the Right to Information Act, 2005, and whether the information sought regarding the names and addresses of beneficiaries of a training programme is exempt from disclosure under Section 8(1)(j) of the RTI Act.
Final Decision
The writ petition is allowed. The impugned order dated 29.08.2017 passed by the Karnataka Information Commission in KIC 13961 APL 2015 is quashed. No order as to costs.
Law Points
- Public authority under RTI Act
- Substantial financing
- Nirmiti Kendra
- Right to Information Act
- 2005
- Section 2(h)
- Section 2(f)
- Section 8(1)(j)
- Third party information
- Personal information
- Karnataka Information Commission
Case Details
2020 LawText (KAR) (08) 12
WP No. 52581 of 2017 (GM-RES)
Sri. Jayakumar S. Patil, Sr. Advocate for Sri. Rahul.P., Advocate; Sri. M. Srinivas Kumar, HCGP for R2; Sri. Rajashekar K., Advocate for R1; Sri. J. Prashanth., Advocate for R3; Sri. Amruthesh.N., Advocate for R4
PIO & The Project Director, Nirmiti Kendra
The State Information Commissioner, The Deputy Commissioner, Sri H R Thimmaiah, S.K. Malagathi
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging an order of the Karnataka Information Commission under the Right to Information Act, 2005.
Remedy Sought
Quashing of the order dated 29.08.2017 passed by the Karnataka Information Commission in KIC 13961 APL 2015 directing the petitioner to provide information.
Filing Reason
The petitioner, PIO and Project Director of Nirmiti Kendra, challenged the order of the Karnataka Information Commission which directed disclosure of names and addresses of beneficiaries of a training programme, contending that Nirmiti Kendra is not a public authority under the RTI Act and the information is exempt from disclosure.
Previous Decisions
The Karnataka Information Commission passed an order on 29.08.2017 in KIC 13961 APL 2015 directing the petitioner to provide the information sought by respondent No.3.
Issues
Whether Nirmiti Kendra is a public authority under Section 2(h) of the Right to Information Act, 2005.
Whether the information sought regarding names and addresses of beneficiaries is exempt from disclosure under Section 8(1)(j) of the RTI Act.
Submissions/Arguments
Petitioner argued that Nirmiti Kendra is not a public authority under Section 2(h) of the RTI Act as it is a project under KSCST, which is not substantially financed by the government. Also, the information sought is personal information of third parties exempt under Section 8(1)(j).
Respondents argued that Nirmiti Kendra is a public authority as it is substantially financed by the government and the information sought is in public interest.
Ratio Decidendi
Nirmiti Kendra is not a public authority under Section 2(h) of the RTI Act as it is not established by or under the Constitution, nor by any law, nor by notification, and is not substantially financed by the government. The names and addresses of beneficiaries of a training programme are personal information exempt from disclosure under Section 8(1)(j) of the RTI Act as it has no relationship to any public activity or interest and its disclosure would cause unwarranted invasion of privacy.
Judgment Excerpts
The Petitioner, PIO and the Project Director, Nirmiti Kendra, near Medahalli, Chitradurga District, is before this Court seeking for the following reliefs: i. To issue a writ of certiorari by quashing the impugned order in KIC 13961 APL 2015 dated 29.08.2017 as per Annexure-A passed by the 1st Respondent.
Nirmiti Kendra is not a public authority under Section 2(h) of the RTI Act.
The information sought is personal information which has no relationship to any public activity or interest, and its disclosure would cause unwarranted invasion of privacy of the individuals.
Procedural History
The respondent No.3 filed an application under the RTI Act seeking names and addresses of beneficiaries of a training programme conducted by Nirmiti Kendra. The petitioner denied the information. The respondent No.3 filed an appeal before the Karnataka Information Commission, which by order dated 29.08.2017 directed the petitioner to provide the information. Aggrieved, the petitioner filed the present writ petition on 30.10.2017. The petition was reserved for orders on 24.07.2025 and pronounced on 06.08.2025.
Acts & Sections
- Right to Information Act, 2005: 2(h), 2(f), 8(1)(j), 11
- Constitution of India: 226, 227
