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2024 Supreme(Bom) 160

AVINASH G. GHAROTE, ANIL S. KILOR, URMILA JOSHI-PHALKE
People Welfare Society – Appellant
Versus
State Information Commissioner – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: R.S. Parsodkar.
For the Respondents: Amol B. Patil, M.K. Pathan, S.R. Narnaware.

ORDER :

1. The Full Bench has been constituted to answer the following question:

    Question: Whether a Public Trust registered under the provisions of Maharashtra Public Trusts Act 1950, which is running an institution that receives grant from the State is duty bound to supply information sought from it under provisions of Right to Information Act 2005?

2. The need for formulating the above question arose on account of a discord found by the learned Division Bench between various decisions of this Court taking opposite views on the above issue, by one set of judgments holding that the Trust/Society running an educational institution, which educational institution was receiving grants from the Government, would not fall within the definition of ‘Public Authority’ as it was the educational institution which was receiving the grants and not the Trust/Society and therefore information vis-a-vis the affairs of the Trust/Society as opposed to information in respect of the educational institution, could not be termed as ‘information’ within the meaning of the expression as defined in section 2(f) of the Right to Information Act (‘RTI Act’ for short hereinafter) so as to invoke the jurisdiction


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