Case Note & Summary
The petitioners, Pravara Medical Trust (a trust registered under the Bombay Public Trusts Act, 1950 and Societies Registration Act, 1860) and Pravara Institute of Medical Sciences (a deemed university declared under Section 3 of the University Grants Commission Act, 1956), challenged a direction from the University Grants Commission (UGC) to provide information to Respondent No. 3 under the Right to Information Act, 2005. The UGC had informed the petitioners that all deemed universities are covered by the RTI Act, relying on a communication from the Central Information Commission. The petitioners argued that they are not 'public authorities' under Section 2(h) of the RTI Act and thus not obligated to provide information. The court analyzed the definition of 'public authority' under Section 2(h), which includes bodies established or constituted by the Constitution, by law made by Parliament or state legislature, by notification or order of the appropriate government, or bodies owned, controlled, or substantially financed by the government. The court found that the petitioners were not established by any government notification or order, nor were they owned, controlled, or substantially financed by the government. The mere fact that the institute was declared a deemed university under the UGC Act did not make it a public authority. The court held that the petitioners are not public authorities under the RTI Act and quashed the UGC's direction to provide information. The writ petition was allowed.
Headnote
A) Right to Information Act - Public Authority - Deemed University - Section 2(h) of Right to Information Act, 2005 - The court examined whether a deemed university declared under Section 3 of the UGC Act, 1956, and its sponsoring trust, fall within the definition of 'public authority' under Section 2(h) of the RTI Act. The court held that a deemed university, though declared by the Central Government, is not a 'public authority' unless it is established or constituted by a notification or order of the appropriate government, or is owned, controlled, or substantially financed by the government. The mere fact of being a deemed university does not bring it within the ambit of the RTI Act. (Paras 1-10) B) Right to Information Act - Public Authority - Trust - Section 2(h) of Right to Information Act, 2005 - The court held that a trust registered under the Bombay Public Trusts Act, 1950, and Societies Registration Act, 1860, which sponsors a deemed university, is not a 'public authority' under the RTI Act unless it is established or constituted by the government or is substantially financed by the government. The trust's activities, though in the field of education, do not make it a public authority. (Paras 1-10) C) University Grants Commission Act - Deemed University - Section 3 of University Grants Commission Act, 1956 - The court noted that a deemed university is declared by the Central Government under Section 3 of the UGC Act, but such declaration does not transform the institution into a government entity. The institution remains a private entity unless it meets the criteria under Section 2(h) of the RTI Act. (Paras 1-10)
Issue of Consideration
Whether a deemed university declared under Section 3 of the University Grants Commission Act, 1956, and its sponsoring trust, are 'public authorities' under Section 2(h) of the Right to Information Act, 2005, and thus obligated to provide information under the RTI Act.
Final Decision
The court allowed the writ petition, quashing the direction of the University Grants Commission to the petitioners to provide information under the Right to Information Act, 2005. The court held that the petitioners are not 'public authorities' under Section 2(h) of the RTI Act.
Law Points
- Right to Information Act
- 2005
- Section 2(h) definition of public authority
- Deemed university status
- University Grants Commission Act
- 1956
- Section 3
- Bombay Public Trusts Act
- 1950
- Societies Registration Act
- 1860
