IMS UNIVERSITY Vs. STATE INFORMATION COMMISSIONER AND ORS.

JUDGEMENT

(1.) Both these Special Appeals are preferred against the common order passed by the learned Single Judge in Writ Petition (M/S) Nos. 2460 and 2461 of 2017 dated 02.11.2019.

(2.) The jurisdiction of this Court was invoked by the appellant-writ petitioner to quash the order passed by the State Information Commissioner, Dehradun, in two Second Appeals, directing them to furnish the information sought for.

(3.) In the order under appeal, the learned Single Judge held that the appellant-writ petitioner fell under the definition of a "Public Authority"? under Section 2(h)(c) of the 2005 Act; an obligation was cast upon the appellant-writ petitioner to designate a Public Information Officer under Section 5 of the 2005 Act; other obligations were also cast upon the Public Authority, under Section 4 of the 2005 Act, as to how to distribute the information; the appellant-writ petitioner had not undertaken any such exercise; since they failed to furnish the information sought for, the private respondent, ultimately, had to approach the State Information Commission under Section 19 of the 2005 Act; and though the State Information Commission had directed the appellant-writ petitioner to furnish the information within a stipulated period, they had, instead of complying with the order, invoked the jurisdiction of this Court. The learned Single Judge, while dismissing the Writ Petitions, imposed costs of Rs. 25,000/- to be paid to the State Information Commission within three weeks from the date of the order. Aggrieved thereby, the present Special Appeals.