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2008 Supreme(All) 2469

V. M. SAHAI AND SANJAY MISRA, JJ.
Surendra Singh
Versus
State of U. P. & Ors.
Special Appeal No. 766 of 2008
Decided on : 14-11-2008

Advocates appeared
B. K. Singh Raghuvanshi, for Appellant
A.K. Malviya, for Respondents

The main legal point established in the judgment is that the Committee of Management of private managed institutions is covered under the Right to Information Act and is required to provide information as per the provisions of the Act.

Headnote:

Right to Information Act - Committee of Management - Section 2(h), Section 8(j), Section 11 - The court held that the Committee of Management of private managed institutions is covered under the definition of Section 2(h) of the Right to Information Act, and the information sought from them was bound to be given as per the provisions of the Act. The court also discussed the exemptions from disclosure of information under Section 8(j) and the provisions related to third party information under Section 11.

Fact of the Case:

The case involved a writ petition filed by the Committee of Management of an educational institution against a letter requiring them to provide information under the Right to Information Act 2005.

Finding of the Court:

The court found that the information sought from the Committee of Management was bound to be given as per the provisions of the Right to Information Act 2005, and the writ petition had no merit.

Issues: The main issue was whether the Committee of Management of the institution was required to provide information under the Right to Information Act 2005.

Ratio Decidendi: The court held that the Committee of Management of private managed institutions is covered under the definition of Section 2(h) of the Right to Information Act, and the information sought from them was bound to be given as per the provisions of the Act.

Final Decision: The Special Appeal succeeded, the interim order was set aside, and the writ petition itself stood dismissed.

JUDGMENT

This Special Appeal has been preferred against the order dated 18-82008 passed by learned single, Judge in writ petition No. 41740 of 2008 Committee of Management v. State of D.P. and others. By the order dated 18-8-2008 the learned single Judge has required the State respondents to file counter affidavit and has issued notice to the respondents Nos. 6 and 7 and further till the next date of listing it has been provided that no action shall be taken against the petitioner under the Right to Information Act 2005.

2. Learned counsel for the petitioner respondent in this Special Appeal has been duly served with notice of this appeal on 25-9-2008.

3. Learned counsel for the appellant has assailed the order on the ground that the controversy as to whether the Committee of Management of an Educational Institution or its members can be required to give information on an application made under the Right to Information Act 2005 has been considered by a Division Bench of this court in the case of Committee of Management, Ismail Girls National Inter College. Meerut v. State of D. P. and others 2008(8) ADJ 345 : (2009 (1) ALJ 38). According to him the District Inspector of Schools. Ghazipur by the letter dated 4.8.2008 had forwarded the query made by the appellant from the Committee of Management of the institution known as Shanti Niketan Inter College. Barahi. District Ghazipur for replying and furnishing information point wise to the appellant. The Committee of Management preferred the writ petition against the said letter of the District Inspector of Schools wherein the impugned order was passed. The appellant submits that the Committee of Management of the institution is covered under the definition of Section 2(h) of the Right to Information Act and is a public authority since the scheme of administration of the institution has been framed under Section 16-A of the Intermediate Education Act and the management and functions are clearly regulated by the provisions of Intermediate Education Act 1921 and Regulations framed thereunder. The institution is engaged in providing education to the society and is receiving grant in aid from the State for payment of salary to the entire teaching staff, non-teaching staff and other employees. It has been stated that information sought by the appellant is not exempted under Section 8(j) of the Act inasmuch as the institution is engaged in public activity and it cannot be said that it would be an invasion of privacy of any individual of the Committee of Management or other. According to him the information sought by the appellant was relating to the appointment/educational certificates of six Assistant teachers named therein and employed in the institution which cannot be brought within the exemption of Section 8(j) of the Right to Information Act.

4. We have considered the submission of learned counsel for the appellant and find that in so far as the Committee of Management of the private managed institutions are concerned they are covered under the definition of Section- 2(h) of the Right to Information Act being public authority as has been held by a Division Bench of this court in the case of Committee of Management, Ismail Girls National Inter College. Meerut v. State of U. P. and others: (2009 (1) ALJ 38)(supra).The appellant is right in saying that the information sought by him from the Committee of Management was bound to be given as per provisions of Right to Information Act 2005 and the District Inspector of Schools had rightly required the Committee of Management of the Shanti Niketan Inter College, to provide such information to the petitioner.

5. In so far as the exemption from disclosure of information as provided in Section 8 of the Act is concerned the provisions of Section 8(j) exempts information which relates to personal information the disclosure of which has no relationship to any public activity or interest or which would cause unwarranted invasion of the privacy of the in








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