1. The petitioner, Thiagarajar College of Engineering, an Autonomous Private Engineering College, affiliated to Anna University, Tirunelveli, has challenged the order of the Tamil Nadu Information Commission, Chennai, which held that the College is a Public Authority, amenable to the jurisdiction of the Commission.

2. Facts of this case are as follows:

The College is aided by the State Government for payment of salary to teaching and non-teaching staff. Five Under-Graduate and six Post-Graduate posts are aided by the Government. That apart, the College is running 7 Under Graduate and 8 Post Graduate courses, from out of their own funds, without any aid. Mr. T.K. Ravindranath, second respondent herein, has made an application on 16.07.2009, seeking certain information under the Right to Information Act, 2005 (hereinafter referred to as "the RTI Act"). A reply has been sent by the Registrar of the College that it is not a public authority, as contemplated under the Act and therefore, no information can be furnished. An appeal in Case No.20402/Enquiry/2009, has been preferred to the Tamil Nadu Information Commission, Chennai, first respondent herein by the second respondent, claiming inter alia that the College is established and funded by the State and Central Governments for the past 50 years and that salary to the staff is being paid by the Government of Tamil Nadu. In the said appeal, the petitioner-College has received a notice before the first respondent on 03.12.2009 to appear before the Commission on 09.12.2009 at 11.30 A.M.

3. On receipt of summons, the learned counsel engaged by the petitioner-College appeared before the Commission and sought time to file reply/objections and other documents, in support of their contention that the College is not a public authority, coming under the purview of the abovesaid Act. It is the case of the petitioner, the first respondent-Commission, on reading of the 'Letter Head' of the College, containing the words, "A Government Aided ISO 9001-2000 Certified, Autonomous Institution affiliated to Anna University", has pre-determined the issue that the College is a public authority, under the Right to Information Act and refused to grant adjournment sought for by their counsel. However, on the same day, the Commission has passed an order, concluding that the College is a public authority and thereafter, granted three days' time to file their reply and to furnish the relevant documents. As the time granted by the Commission was very short, the College requested their learned counsel to seek for further time to file a counter. Accordingly, a memo, dated 11.12.2009, was filed before the first respondent-Commission for extension of time to file their reply. The Commission did not pass any orders on the application, either granting time or rejecting the said application. Since no reply was forthcoming, the College bona fidely believed that the first respondent-Commission has granted time, as requested by them and thereafter, they filed their reply/written submissions before the first respondent-Commission, on 23.12.2009.

4. The College has received an order, dated 22.12.2009, from the first respondent-Commission, in conformity with the earlier order, dated 09.12.2009, stating that notice has already been sent on 30.11.2009 itself and though sufficient time was granted for the College to place all the materials and submit their arguments, no reply was forthcoming and hence, the Commission has rejected the contention of the petitioner-College. In these circumstances, the petitioner-College has filed the present Writ Petition to quash the order of the first respondent-Commission, dated 22.12.2009 made in Case No.20402/Enquiry/2009.

5. Assailing the correctness of the order, Mr. G.Masilamani, Learned Senior Counsel for the petitioner submitted that the notice sent by the Commission, dated 03.11.2009, directing the petitioner-College to appear for an enquiry on 09.12.2009, was received by the