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2010 Supreme(UK) 23

SUDHANSHU DHULIA
ASIAN EDUCATION CHARITABLE SOCIETY – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


For the Petitioners:Mr. V.K. Kohli, Sr. Adv., assisted by Mr. I.P. Kohli, Adv., Mr. Ramji Srivastava, Mr. T.S. Bindra and Mr. Arvind Vashisth, Advocates
For the State Information
Commission : Mr. Vipul Sharma, Adv.
For the State : Mr. K.P. Upadhyay, Addl. Chief Standing Counsel

JUDGMENT

Heard Mr. Ramji Srivasvata, Mr. T.S. Bindra, Mr. V.K. Kohli, Senior Advocate and Mr. Arvind Vashisth, Advocate for the petitioners and Mr. Vipul Sharma and Mr. K.P. Upadhyay, Addl. Chief Standing Counsel for the respondents.

2. A common question of law is involved in all these petitions. All the petitioners before this Court are Societies or schools run by societies. Each claims that the School is entirely private funded and since they are not “public authority” as defined under Section 2(h) of the Right to Information Act, 2005 (from hereinafter referred to as the Act), cognizance cannot be taken against them by Public Information Officers as well as by the State Information Commission, under the Act.

3. Section 2(h) of the Act, which defines “public authority” reads as follows :

“(h) “public authority” means any authority or body or institution or 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






















































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