ASIAN EDUCATION CHARITABLE SOCIETY Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. Ramji Srivastava, Mr. T.S. Bindra, Mr. V.K. Kohli, Senior Advocate and Mr. Arvind Vashisth, Advocate for the petitioners and Mr. Vipul Sharma and Mr. K.P. Upadhyay, Addl. Chief Standing Counsel for respondents.

(2.) A common question of law is involved in all these petitions. All the petitioners before this Court are Societies or schools run by societies. Each claims that the School is entirely private funded and since they are not "public authority" as defined under Section 2(h) of the Right to Information Act, 2005 (from hereinafter referred to as the Act), cognizance cannot be taken against them by Public Information Officers as well as by the State Information Commission, under the Act. Section 2(h) of the Act, which defines "public authority" reads as follows:

(3.) The petitioners would contend that they are neither a body constituted under the Constitution or Parliament or State Legislature. They are also not a body, which has been constituted vide any notification issued or order made by the appropriate Government. They are also not owned, controlled or even substantially financed directly or indirectly by funds provided by the appropriate Government. Hence they are not "public authorities".