Case Note & Summary
The petitioners, Shikshan Prasarak Mandal, an educational society registered under the Bombay Public Trusts Act, 1950, challenged a notification dated 12.9.2008 issued by the Joint Director of Education, Nagpur Division, which directed principals and office bearers of non-government colleges receiving grants-in-aid to appoint Public Information Officers under the Right to Information Act, 2005. The petitioners contended that they did not receive any grant-in-aid from the government and were not funded by the State Government, and therefore, the RTI Act was not applicable to them. They relied on the decision of a Single Judge of the Bombay High Court in Nagar Yuwak Shikshan Sanstha, Nagpur v. Maharashtra State Information Commission, 2009 (6) Mh.L.J. 85, which held that a non-government educational society not receiving grant-in-aid is not a 'public authority' under Section 2(h) of the RTI Act. The court examined the notification and the submissions. It found that the petitioners' society did not receive any grant-in-aid and was not funded by the government. Following the precedent in Nagar Yuwak Shikshan Sanstha, the court held that the RTI Act does not apply to such societies. Consequently, the notification was quashed and set aside insofar as it applied to the petitioners. The writ petition was allowed with no order as to costs.
Headnote
A) Right to Information Act - Public Authority - Definition under Section 2(h) - Non-Government Educational Society - A society registered under the Bombay Public Trusts Act, 1950, not receiving any grant-in-aid from the government, is not a 'public authority' under Section 2(h) of the Right to Information Act, 2005. The notification issued by the Joint Director of Education directing such societies to appoint Public Information Officers is ultra vires and liable to be quashed. (Paras 2-6)
B) Right to Information Act - Applicability - Non-Grant-In-Aid Institutions - The provisions of the Right to Information Act, 2005, are not applicable to educational societies that do not receive any government funding. The decision in Nagar Yuwak Shikshan Sanstha, Nagpur v. Maharashtra State Information Commission, 2009 (6) Mh.L.J. 85, squarely covers the present case. (Paras 3-6)
Issue of Consideration
Whether a non-government educational society that does not receive any grant-in-aid from the government is a 'public authority' under Section 2(h) of the Right to Information Act, 2005, and whether the Joint Director of Education could issue a notification directing such societies to appoint Public Information Officers.
Final Decision
The writ petition is allowed. The notification dated 12.9.2008 issued by respondent No.3 - Joint Director of Education, Nagpur Division, Nagpur, is quashed and set aside insofar as it applies to the petitioners. Rule is made absolute accordingly. No order as to costs.
Law Points
- Right to Information Act
- 2005
- Section 2(h) definition of public authority
- non-government educational society not receiving grant-in-aid not covered
- notification ultra vires
Case Details
2010 LawText (BOM) (08) 152
WRIT PETITION NO.5067/2009
S.A. BOBDE, A.B. CHAUDHARI
Shri Nilesh Adbe for petitioners, Shri A.D. Mohgaonkar for respondent No.2
Shikshan Prasarak Mandal, Kamptee District Nagpur, through its Secretary (as Information Officer) and Shikshan Prasarak Mandal, Kamptee District Nagpur, through its President (as Appellate Authority)
The State Information Commissioner, Nagpur Bench, Nagpur; Shri Bhushan Keshaorao Tijare; The Joint Director of Education, Nagpur Division, Nagpur
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Nature of Litigation
Writ petition challenging a notification issued by the Joint Director of Education directing non-government colleges receiving grants-in-aid to appoint Public Information Officers under the Right to Information Act, 2005.
Remedy Sought
Quashing of the notification dated 12.9.2008 and a declaration that the RTI Act is not applicable to the petitioner society.
Filing Reason
The petitioner society, which does not receive any grant-in-aid from the government, was directed by the notification to appoint a Public Information Officer, which it contended was not applicable to it.
Previous Decisions
The case of Nagar Yuwak Shikshan Sanstha, Nagpur v. Maharashtra State Information Commission, 2009 (6) Mh.L.J. 85, held that a non-government educational society not receiving grant-in-aid is not a public authority under the RTI Act.
Issues
Whether the petitioner society, not receiving any grant-in-aid, is a 'public authority' under Section 2(h) of the Right to Information Act, 2005.
Whether the notification dated 12.9.2008 issued by the Joint Director of Education is valid and applicable to the petitioner.
Submissions/Arguments
Petitioners argued that they are an education society registered under the Bombay Public Trusts Act, 1950, and do not receive any grant-in-aid from the government, so the RTI Act does not apply. They relied on Nagar Yuwak Shikshan Sanstha case.
Respondent No.2 (Shri Bhushan Keshaorao Tijare) was represented but no specific arguments are recorded in the judgment.
Ratio Decidendi
A non-government educational society that does not receive any grant-in-aid from the government is not a 'public authority' under Section 2(h) of the Right to Information Act, 2005, and therefore the provisions of the RTI Act are not applicable to such society. Any notification directing such society to appoint a Public Information Officer is ultra vires.
Judgment Excerpts
By the present petition, the petitioner has put to challenge the notification issued by respondent No.3 - Joint Director of Education dated 12.9.2008, Annexure – I, by which Principals and office bearers of Non-Government Colleges receiving grants-in-aid were directed to appoint Public Information Officers in order to comply with the Right to Information Act, 2005.
In support of the writ petition, learned Counsel for the petitioners argued that the petitioners are a Education Society registered under the provisions of the Bombay Public Trusts Act, 1950 and it does not receive any grant-in-aid from the Government nor it is funded by the State Government. Therefore, the case of the petitioners is fully covered by the decision of a Single Judge of this Court in the case of Nagar Yuwak Shikshan Sanstha, Nagpur and another...Versus...Maharashtra State information Commission, Vidarbha Region, Nagpur and another, reported in 2009 (6) Mh.L.J. 85.
We have gone through the notification dated 12.9.2008, issued by the Joint Director of Higher Education, Nagpur Division, Nagpur.
Procedural History
The writ petition was filed in 2009 challenging the notification dated 12.9.2008. The court heard the matter on 08.07.2010 and pronounced judgment on 10.08.2010.
Acts & Sections
- Right to Information Act, 2005: Section 2(h)
- Bombay Public Trusts Act, 1950:
