2024:BHC-NAG:2528-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR.

LETTERS PATENT APPEAL NO.466/2011 IN WRIT PETITION NO.5168/2010 (D)

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Mr. R. S. Parsodkar, counsel for the petitioner.

Mr. Amol B. Patil, counsel for the respondent No.1.

Mr. M.K.Pathan, AGP for the respondent No.2.

Mr. S.R.Narnaware, counsel for the respondent No.3.

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CORAM : AVINASH G. GHAROTE, J ANIL S. KILOR, J URMILA JOSHI-PHALKE, J.

Date of reserving the Order : 13/12/2023 Date of pronouncing the Order : 01/03/2024 O R D E R : (PER : AVINASH G. GHAROTE, J.)

1. The Full Bench has been constituted to answer the following question:

Question:- Whether a Public Trust registered under the provisions of Maharashtra Public Trusts Act 1950, which is running an institution that receives grant from the State is duty bound to supply information sought from it under provisions of Right to Information Act 2005?

2. The need for formulating the above question arose on account of a discord found by the learned Division Bench between various decisions of this Court taking opposite views on the above issue, by one set of judgments holding that the Trust/Society running an educational institution, which educational institution was receiving grants from the Government, would not fall within the definition of ‘Public Authority’, as it was the educational institution which was receiving the grants and not the Trust/Society and therefore information vis-a-vis the affairs of the Trust/Society as opposed to information in respect of the educational institution, could not be termed as ‘information’ within the meaning of the expression as defined in section 2(f) of the Right to Information Act (‘RTI Act’ for short hereinafter) so as to invoke the jurisdiction of the authorities under the RTI Act to enforce its disclosure. These judgments are :

(i) Bhaskar Shankarrao Kulkarni Vs. State Information Commissioner, Nagpur and Ors. 2009(4) Mh.L.J. 802 [ C. L. Pangarkar-J] an LPA against which namely LPA No. 287/2009 decided on 28/07/2009 has been dismissed by the learned Division Bench.

(ii) Thalappalam Service Coop. Bank Ltd. v. State of Kerala, (2013) 16 SCC 82 (iii) D.A.V. College Trust and Management Society and Ors. Vs.

Director of Public Instructions and Ors., (2019) 9 SCC 185.

(iv) Nagar Yuwak Shikshan Sanstha, Nagpur and Anr. Vs. Maharashtra State Information Commission, Vidarbha Region, Nagpur and Anr., 2009 (6) Mh.L.J. 85. [A B Choudhari- J ]

(v) Dr Panjabrao Deshmukh Urban Co-op. Bank Ltd. Vs. State Information Commissioner, Vidarbha Region and Ors. 2009(3)

Mh.L.J. 364.

(vi) Shikshak Sahakari Bank Ltd. / Murlidhar Pundlikrao Sahare, 2010 (2) MH.L.J. 240 [ Mrs. V A Naik J].

Another set of judgments takes the view that since the educational institution receiving the grant is owned and controlled by the Society/Trust, which therefore can be said to have access to the finances provided by the State to the Educational Institution, it would be permissible for information regarding the Society/Trust to be directed to be made available under the RTI Act. This view is taken by the following decisions :

(a) Appellate Authority and Chairman Shikshan Prasarak Mandali and Anr. Vs. State Information Commissioner and Anr. 2013(1) Mh.L.J. 897 (b) LPA No.48/2013 decided on 20/3/2013 against Appellate Authority and Chairman Shikshan Prasarak Mandali and Anr. (supra) whic