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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
KULDEEP TIWARI
Dav College Trust and Management Society – Appellant
Versus
State Information Commissioner Haryana – Respondent
JUDGMENT :
KULDEEP TIWARI, J.
1. Since learned counsel for the parties are ad idem that a common question of law arises for consideration of this Court, both these writ petitions are amenable to be decided together. For a facility of reference, facts are being culled out from CWP-27949-2019.
2. The petitioners, by way of instant writ petition, as cast under Articles 226/227 of the Constitution of India, question the legality of the order dated 12.09.2016 (Annexure P-7), passed by the State Information Commissioner, Haryana-respondent No.1, vide which, a direction was issued to DAV Police Public School-petitioner No.3, to divulge the asked for information to respondent No.2, under the Right to Information Act, 2005 (for short, ‘the Act’), declaring it as ‘Public Authority’.
GRIEVANCE
3. In essence, the grievance of petitioners emanates from declaration of petitioner No.3-School, as Public Authority, by the State Information Commission, despite the fact that it is not dependent, either directly or indirectly, on any financial assistance provided by the State Government or the Union Government. Rather, the School is an unaided institution, under the exclusive control, management and superv
Public authorities are defined by substantial financing from the government, directly or indirectly, affecting their operational capacity, regardless of whether this financing exceeds 50%.
The Air Force Sports Complex is not a public authority under the RTI Act as it lacks substantial government control and financing, operating independently without performing public functions.
Air Force Schools, being under the control of the IAF, are deemed 'State' under Article 12, allowing for writ jurisdiction under Article 226.
Writ petition against a non-governmental institution is not maintainable as it does not amount to 'State' under Article 12 of the Constitution of India due to lack of state control or funding.
Spectrum is a natural resource which belongs to people, and State, its instrumentalities or licensee, as case may be, who deal with same, hold it on behalf of people are accountability to people. Sim....
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