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 supervision of the DAV College Managing Committee, New Delhi. And, its operations are sustained entirely out of its own internal resources, viz:-

a) School fees collected from the students. 

b) Funds borne by the Welfare Association(s), which are purely contributory funds created by voluntary deductions from the salaries of police personnel whose wards study in the School.

4. In nutshell, the abovementioned funds do not relate to any State funds, and, thus, are not controlled by the Government. In this way, these are operated independently, under the governing structure of the Haryana Police Welfare & Sports Society, which, indeed, is a Registered Society.

Factual Matrix

5. Clipped off the unnecessary details, the facts, which are undisputed and germane for adjudication of the matter at hand are that, applicant-respondent No.2, filed an application dated 13.04.2016 (Annexure P-1), under the provisions of the Act, seeking the below extracted information:-

“1. The interview was held on dated 01.04.2016 for the post of DPE and PTI in DAV Police Public School, Police Line, Rewari. In this interview, details are required of all participants alongwith their complete addresses be provided in writing.

2. The photocopies of all Forms be provided through which the applicant applied for the post of DPE and PTI at the time of interview alongwith photocopies of all their educational qualifications and diploma certificates.

3. Sir, the written information be provided for the criteria followed for eligibility for all above posts.

4. All details be supplied for appointed eligible candidates along with their complete details.”

6. However, the application, vide order dated 19.05.2016 (Annexure P-3), was rejected by the Principal of the School, on the ground that since the School is an unaided private institution, it does not come within the ambit of Section 2(h) of the Act. Further, no public interest had been disclosed by the applicant, as he was not the part of the selection process. And, the application was also fraught with procedural deficiencies, being unsupported by any identity proof.

7. Fetching grievance from the decision (supra), the applicant preferred a first appeal, which, eventually, culminated into a second appeal, under Section 19(3) of the Act. Finally, the State Information Commission-respondent No.1, vide order under challenge, allowed the appeal, thereby categorically holding that the School does fall within the purview of Public Authority. As a consequence, a direction was issued upon the School to either furnish the information sought for, or pass a speaking order, as to how, the information asked for is exempted under Section 8 of the Act, and submit a compliance report to the Commission by 02.11.2016. Hence, the petitioners are before this Court.

Essential Proc