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2022 Supreme(J&K) 38

SANJEEV KUMAR
Tyndale Biscoe School – Appellant
Versus
Union Territory of J&K – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sunil Sethi, Sr. Advocate with Mr. Parimoksh Seth, Advocate.
For the Respondent: Ms. Asifa Padroo, AAG.

JUDGMENT :

1. The petitioners are private unaided educational institutions being run and administered by Tyndale Biscoe & Mallinson Society registered under the Jammu & Kashmir Societies Registration Act, 1998 (Samvat) 1947 A.D. The petitioners are primarily aggrieved of the action of the respondents for forcing, pressuring and compelling the petitioner-schools to provide information to various persons under the Right to Information Act, 2005 [“the Act of 2005”]. The petitioners have made reference to few communications of Chief Education Officer, Srinagar, who is also a designated Public Information Officer under the Act of 2005, whereby the Public Information Officer aforesaid has called upon the petitioners to provide point-wise information in reference to the applications made by different persons seeking information with regard to affairs of the petitioner-schools under the Act of 2005.

2. The petitioners claim that in response to the different communications issued by the Chief Education Officer, Srinagar, the petitioners have written back that the private unaided schools, as the petitioners are, do not come within the purview of the expression “public authority” as defined u

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