LAWS(ALL)-2008-11-2

SURENDRA SINGH Vs. STATE OF U P

Decided On November 14, 2008
SURENDRA SINGH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) THIS Special Appeal has been preferred against the order dated 18-8-2008 passed by learned single/judge in writ petition No. 41740 of 2008 Committee of management v. State of U. P. and others. By the order dated 18-8-2008 the learned single judge has required the State respondents to file counter affidavit and has issued notice to the respondents Nos. 6 and 7 and further till the next date of listing it has been provided that no action shall be taken against the petitioner under the Right to information Act 2005.

(2.) LEARNED counsel for the petitioner/ respondent in this Special Appeal has been duly served with notice of this appeal on 25-9-2008.

(3.) LEARNED counsel for the appellant has assailed the order on the ground that the controversy as to whether the Committee of management of an Educational Institution or its members can be required to give information on an application made under the right to Information Act 2005 has been considered by a Division Bench of this court in the case of Committee of Management, ismail Girls National Inter College, Meerut v. State of U. P. and others 2008 (8) ADJ 345 : (2009 (1) ALJ 38 ). According to him the district Inspector of Schools, Ghazipur by the letter dated 4. 8. 2008 had forwarded the query made by the appellant from the committee of Management of the institution known as Shanti Niketan Inter College, barahi, District Ghazipur for replying and furnishing information point wise to the appellant. The Committee of Management preferred the writ petition against the said letter of the District Inspector of Schools wherein the impugned order was passed. The appellant submits that the Committee of Management of the institution is covered under the definition of Section 2 (h) of the right to Information Act and is a public authority since the scheme of administration of the institution has been framed under section 16-A of the Intermediate Education act and the management and functions are clearly regulated by the provisions of intermediate Education Act 1921 and regulations framed thereunder. The institution is engaged in providing education to the society and is receiving grant in aid from the state for payment of salary to the entire teaching staff, non-teaching staff and other employees. It has been stated that information sought by the appellant is not exempted under Section 8 (j) of the Act inasmuch as the institution is engaged in public activity and it cannot be said that it would be an invasion of privacy of any individual of the committee of Management or other. According to him the information sought by the appellant was relating to the appointment/ educational certificates of six Assistant teachers named therein and employed in the institution which cannot be brought within the exemption of Section 8 (j) of the Right to information Act.