REGISTRAR, THIYAGARAJAR COLLEGE OF ENGINEERING Vs. REGISTRAR, TAMIL NADU INFORMATION COMMISSION AND MR. T.K. RAVINDRANATH

JUDGEMENT

(1.) The petitioner, Thiagarajar College of Engineering, an Autonomous Private Engineering College, affiliated to Anna University, Tirunelveli, has challenged the order of the Tamil Nadu Information Commission, Chennai, which held that the College is a Public Authority, amenable to the jurisdiction 6f the Commission. Facts of this case are as follows:

(2.) On receipt of summons, the learned counsel engaged by the petitioner-College appeared before the Commission and sought time to file reply/objections and other documents, in support of their contention that the College is not a public authority, coming under the purview of the abovesaid Act. It is the case of the petitioner, the first respondent-Commission, on reading of the 'Letter Head' of the College, containing the words, "A Government Aided ISO 9001-2000 Certified, Autonomous Institution affiliated to Anna University", has pre-determined the issue that the College is a public authority, under the Right to Information Act and refused to grant adjournment sought for by their counsel. However, on the same day, the Commission has passed an order, concluding that the College is a public authority and thereafter, granted three days' time to file their reply and to furnish the relevant documents. As the time granted by the Commission was very short, the College requested their learned counsel to seek for further time to file a counter. Accordingly, a memo, dated 11.12.2009, was filed before the first respondent-Commission for extension of time to file their reply. The Commission did not pass any orders on the application, either granting time or rejecting the said application. Since no reply was forthcoming, the College bonafidely believed that the first respondent-Commission has granted time, as requested by them and thereafter, they filed their reply/written submissions before the first respondent-Commission, on 23.12.2009.

(3.) The College has received an order, dated 22.12.2009, from the first respondent-Commission, in conformity with the earlier order, dated 09.12.2009, stating that notice has already been sent on 30.11.2009 itself and though sufficient time was granted for the College to place all the materials and submit their arguments, no reply was forthcoming and hence, the Commission has rejected the contention of the petitioner-College. In these circumstances, the petitioner-College has filed the present Writ Petition to quash the order of the first respondent-Commission, dated 22.12.2009 made in Case No. 20402/Enquiry/2009.