Case Note & Summary
The petitioner, Manipal University, a deemed university declared under Section 3 of the University Grants Commission Act, 1956, challenged an order dated 13.7.2009 passed by the Central Information Commission (CIC). The first respondent, an advocate, had filed an RTI application seeking information about student admissions and fees for B-Pharma courses for the years 2005-2007. The application was transferred to the petitioner, who contended that the RTI Act did not apply to it as it was not a 'public authority' under Section 2(h) of the RTI Act. The CIC held that the petitioner was a public authority and directed disclosure. The petitioner filed a writ petition under Articles 226 and 227 of the Constitution. The High Court of Karnataka, after hearing arguments, held that a deemed university established under Section 3 of the UGC Act is distinct from universities created by state or central legislation. It is not a 'public authority' as defined under Section 2(h) of the RTI Act, which includes authorities established or constituted by the Constitution, by law, or by notification of the appropriate government. The court quashed the CIC order and declared that the RTI Act is not applicable to the petitioner-university.
Headnote
A) Right to Information - Public Authority - Deemed University - Section 2(h) of Right to Information Act, 2005 - Section 3 of University Grants Commission Act, 1956 - The issue was whether a deemed university declared under Section 3 of the UGC Act is a 'public authority' under the RTI Act. The court held that a deemed university established under the UGC Act is different from universities established by the legislature and is not a 'public authority' under Section 2(h) of the RTI Act. The Central Information Commission's order holding otherwise was quashed. (Paras 2-3)
Issue of Consideration
Whether a deemed university established under Section 3 of the University Grants Commission Act, 1956 is a 'public authority' under Section 2(h) of the Right to Information Act, 2005 and thus subject to the provisions of the RTI Act.
Final Decision
The High Court of Karnataka quashed the order dated 13.7.2009 passed by the Central Information Commission and declared that the Right to Information Act, 2005 is not applicable to the petitioner-university.
Law Points
- Deemed university under Section 3 of UGC Act
- 1956 is not a 'public authority' under Section 2(h) of RTI Act
- 2005
- RTI Act does not apply to deemed universities
- Central Information Commission order quashed
Case Details
2015 LawText (KAR) (11) 34
Writ Petition No.25114 of 2009 (GM-RES)
Ashok Haranahalli, Senior Advocate for Shri Manmohan P.N. and Shri Vinay K, Advocates for petitioner; Veerendra R Patil, Advocate for respondent no.3
Mr. S.K.Dogra, The Central Information Commission, Mr. Mahendra V Desai
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging an order of the Central Information Commission.
Remedy Sought
Petitioner sought quashing of CIC order dated 13.7.2009 and declaration that the Right to Information Act, 2005 is not applicable to the petitioner-university.
Filing Reason
The CIC held that the petitioner, a deemed university, is a public authority under the RTI Act and directed disclosure of information.
Previous Decisions
The Central Information Commission passed an order dated 13.7.2009 holding that the petitioner is a public authority under the RTI Act.
Issues
Whether a deemed university under Section 3 of the UGC Act, 1956 is a 'public authority' under Section 2(h) of the RTI Act, 2005.
Submissions/Arguments
Petitioner argued that it is a deemed university established under the UGC Act, different from universities established by the legislature, and not a public authority under the RTI Act.
Ratio Decidendi
A deemed university established under Section 3 of the University Grants Commission Act, 1956 is not a 'public authority' under Section 2(h) of the Right to Information Act, 2005, as it is not established or constituted by the Constitution, by law, or by notification of the appropriate government. Therefore, the RTI Act does not apply to such deemed universities.
Judgment Excerpts
The petitioner being a University established under the UGC Act is different from the Universities established by the legislature.
The first respondent, an advocate, submitted an application to the Assistant Public Information Officer, Higher Education, M.S.Building, Bangalore, dated 7.2.2009 seeking information as to how many students were admitted to B-Pharma Course in the years 2005, 2006 and 2007...
Procedural History
The first respondent filed an RTI application on 7.2.2009. The application was transferred to the petitioner. The CIC passed an order on 13.7.2009 holding the petitioner to be a public authority. The petitioner filed a writ petition on an unspecified date. The High Court heard the matter and passed judgment on 3.11.2015.
Acts & Sections
- Right to Information Act, 2005: Section 2(h)
- University Grants Commission Act, 1956: Section 3
- Constitution of India: Articles 226, 227
