Case Note & Summary
The petitioners, Goa Cricket Association (GCA) and its General Secretary, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 07.10.2010 passed by the State Chief Information Commissioner, Goa. The Commissioner had allowed a complaint filed by respondent no.6, Adv. Aires Rodrigues, under the Right to Information Act, 2005, directing GCA to furnish information sought by the complainant via an application dated 12.07.2010. The primary issue was whether GCA, a society registered under the Societies Registration Act, 1860, qualifies as a 'public authority' under Section 2(h) of the RTI Act, thereby making it obligated to provide information. The petitioners argued that GCA is not a public authority as it is not established or constituted by the government, nor is it substantially financed or controlled by the government. They contended that the Information Commission lacked jurisdiction to entertain the complaint. The respondents, including the State of Goa and the complainant, argued that GCA performs public functions and receives government grants, thus falling within the ambit of public authority. The court analyzed the definition under Section 2(h) and relevant precedents, concluding that GCA is not a public authority. It held that the Information Commission's order was without jurisdiction and quashed the same. The court emphasized that mere receipt of government grants or performance of sporting activities does not transform a society into a public authority under the RTI Act.
Headnote
A) Right to Information Act - Public Authority - Definition under Section 2(h) - Whether a society registered under the Societies Registration Act, 1860, is a public authority - The court examined whether the Goa Cricket Association is a public authority under Section 2(h) of the RTI Act, 2005, considering the criteria of substantial financing, control, and nature of functions. Held that the Association is not a public authority as it is not substantially financed by the government, nor is it controlled by the government, and its functions are not of public importance akin to a public authority. (Paras 1-10) B) Right to Information Act - Information - Definition under Section 2(f) - Whether information held by a non-public authority can be accessed under RTI - The court considered whether the information sought from the Goa Cricket Association falls within the definition of 'information' under Section 2(f) of the RTI Act. Held that since the Association is not a public authority, the RTI Act does not apply, and the Information Commission had no jurisdiction to direct disclosure. (Paras 1-10) C) Right to Information Act - Jurisdiction of Information Commission - Scope of powers under Section 19 - The court examined whether the State Chief Information Commissioner had jurisdiction to entertain a complaint against a non-public authority. Held that the Commission's jurisdiction is limited to public authorities, and the impugned order was without jurisdiction. (Paras 1-10)
Issue of Consideration
Whether the Goa Cricket Association, a society registered under the Societies Registration Act, 1860, is a 'public authority' under Section 2(h) of the Right to Information Act, 2005, and thus obliged to furnish information under the RTI Act.
Final Decision
The court allowed the writ petition and quashed the order dated 07.10.2010 passed by the State Chief Information Commissioner in Complaint No. 518/SCIC/2010.
Law Points
- Right to Information Act
- 2005
- Section 2(h) definition of public authority
- Section 2(f) definition of information
- Section 19 appeal
- jurisdiction of Information Commission
- Societies Registration Act
- 1860
- substantial financing by government
- control by government
- nature of functions
