MANIPAL UNIVERSITY JAIPUR Vs. ANUJ MATHUR

JUDGEMENT

(1.) The petitioner assails the order dtd. 30/5/2017 passed by Information Commissioner Rajasthan State Information Commission jaipur and submits that in view of the definition of 'public authority' under Right to Information Act, 2005 (for short 'the Act of 2005'), the petitioner-University formed under the act, of 2011 would not fall within the said definition of 'public authority' and would therefore, not come within the ambit of the Act, 2005 and is not necessarily required to give any information sought for under the Act of 2005.

(2.) Counsel for the petitioner submits that the manipal university is neither owned nor financed or controlled by the State Government in any manner and therefore, it would not come within the ambit of 'public authority' as defined u/Sec. 2(h) of the Act of 2005. Learned counsel submits that only those public authorities of having a body of self Government shall be (a) by or under the Constitution (b) by any other law made by Parliament (c) by any other law made by State Legislature (d) by notification issued or order made by the appropriate Government would be governed under the Act of 2005. Since, the manipal university is not an authority which is of self Government or body of self Government or an institution of self Government, the definition would not cover the petitioner-university. If the Rule-making authority wanted to include all public authorities, it would not mention word 'Self Government'.

(3.) I have heard learned counsel for the petitioner and also examined the provision.