The Act provides a right to information for citizens to secure information only from 'public authorities'. Private institutions not meeting the criteria of 'public authority' cannot be directed to supply information.

Ajai Lamba, J.

1. This civil writ petition has been filed under Article 226/227 of the Constitution of India, praying for issuance of a writ in the nature of certiorari, quashing Order dated 29.3.2010 (Annexure P-4) passed by the State Information Commission, Punjab (for short, `Commission).

2. It seems that petitioner, Kuldeep Singh, made two applications, Annexure P-1 and P-2 seeking information in relation to certain activities of Chaudhary Balbir Singh Senior Secondary Public School, Arya Samaj Road, Hoshiarpur (for short, `School). The information was not given and therefore, the matter was carried to the Commission.

3. The Commission has held that access to information in relation to the said School cannot be allowed under the Right to Information Act, 2005 (for short, `Act) as it is an unaided private body. The scope of the Act does not cover such a body.

4. Learned counsel for the petitioner contends that the School is rendering service to public by way of imparting education, therefore, the conclusion drawn by the respondent-Commission is wrong, illegal and against spirit of the Act.

5. Learned counsel has placed reliance on Full Bench judgment of this Court in AIR 1998 Punjab and Haryana 1, Ravneet Kaur v. The Christian Medical College, Ludhiana and Division Bench judgment of this Court in 2008(2) SCT 543, D.A.V. College Trust and Management Society & others v. Director of Public Instructions (Colleges) U.T., Chandigarh & others.

6. I have considered the impugned order passed by the Commission in the context of the argument of learned counsel for the petitioner.

7. Before examining the issue in the context of the facts of the case, provisions of Sections 2(h) and 2(j) of the Act need to be taken note of :-

"(h) "public authority" means any authority or body or institution of self-government established or constituted, - (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, and includes any - (i) body owned, controlled or substantially financed, (ii) non-Government Organisation substantially financed, directly or indirectly by funds provided by the appropriate Government; xx xx xx xx xx xx (j) "right to information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to - (i) inspection of work, documents, records; (ii) taking notes, extracts, or certified copies of documents or records; (iii) taking certified samples of material; (iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device;"

8. On perusal of impugned order dated 29.3.2010 (Annexure P-4), I find that respondent No. 1-Commission has gone into every aspect of management of respondent No. 2-School in the context of definition of `Public Authority under Section 2 (h) of the Act. It has been found that there is no Government nominee in the management committee of the School. It has been found as a matter of fact that the School was set up and is being run as a private institution. The School has not received any aid from the Government. The land purchased by the School is from private parties and not on concessional rate from the Government.

9. The issue has been considered in the right perspective, in so much as, in Para 10 of the impugned order, it has been said that unless it is proved that the School was `owned, `controlled or `substantially financed directly or indirectly by funds provided by the appropriate Government, it cannot be held to be a `Public Authority within the meaning of Section 2(h) of the Act. Having considered all the aspects of the case, it has been found that the School is not a `Public Authority as it is neither owned nor its management is run or contr