V.S. LEE Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals are preferred by the writ petitioners challenging the judgment of the learned Single Judge in W.P.(C) No.4668/2007 and other connected cases dated 4.7.2007 except W.A No.1857/2011, which arises from the judgment in W.P.(C) No.24324/2011 dated 26.9.2011, whereby the learned Single Judge dismissed the writ petitions holding that the appellants are not entitled to get any relief being a public authority under the Right to information Act 2005 and liable to provide information in terms of the provisions of the Act, 2005.

(2.) The common judgement of the learned Single Judge was in fact upheld by a Division Bench of this Court in Lee V.S. and Others v. State of Kerala and Others [2010(1)KLT 691]. Being aggrieved, it was taken up in appeal by the appellants before the Apex Court and Apex Court as per the judgment in D.A.V College Trust and Management Society and Others v. Director of Public Instructions and others [2019(4)KHC 840] considered the question with respect to the applicability of Act, 2005 vis-a-vis aided colleges along with other civil appeals and found that if substantial financing either direct or indirect is done by the State Government to the aided institutions, the institution would be bound by the provisions of Act, 2005. However, the apex court remanded the cases pertaining to the above appeals 15 in order to identify as to whether the institutions are substantially financed by the State Government or not since there was no evidence available before the court. It is accordingly that these appeals came up before us for consideration. Since the appeals are of common nature, we heard them together and disposed of by a common judgment.

(3.) According to the appellants, the private aided colleges are not a State within the ambit of Article 12 of the Constitution of India and therefore, it is not an instrumentality of the State Government. It is also submitted that a private college is not an authority or body constituted by notification issued or order made by the appropriate Government or it is not a body owned, controlled or substantially financed or which is constituted by notification or order of Government and hence it is not a public authority.