HEADMASTER DHARMENDRA KUMAR SHARMA ADARSH JUNIOR HIGH SCHOOL PIAWALI DADRI GAUTAM BUDH NAGAR Vs. STATE OF U P

JUDGEMENT

(1.) WRIT petitioner-appellant, being aggrieved by the judgment and order dated 01.04.2009 passed by a learned Judge in WRIT Petition No.16421 of 2009 dismissing the writ petition, has preferred this special appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952. By order dated 25.09.2008, the District Basic Education Officer, Gautam Budh Nagar sought certain information from the petitioner-appellant. The petitioner-appellant, inter-alia, contending that the appellant-institution not being a public authority under Section 2(h) of the Right to Information Act, 2005 having not received any grant from the State, the District Basic Education lacked jurisdiction to ask for the information. The learned Judge considered the said submission and observed that the Basic Education Officer was not seeking information under the aforesaid Act but as a functionary of the State and, accordingly, declined to interfere with the order. Mr. N.L. Pandey, appearing on behalf of the appellant, contends that once the learned Judge had observed the appellant-institution to be not a public authority, he ought not have substantiated the order by observing that the said order was passed by the Basic Education Officer under the Basic Education Act. We do not find any substance in the submission of Mr. Pandey. Nothing prevents the Court to test the validity of an order with reference to any other statute when its validity is questioned in Court of Law. We are of the opinion that the learned Judge did not commit any error while dismissing the writ petition. We do not find any merit in the appeal and it is dismissed accordingly.