An educational institution receiving government funding qualifies as a Public Authority under the RTI Act.

JUDGMENT

Dr. Padiyar Memorial Homoepathic Medical College, Chottanikkara, an educational institution imparting the BHMS Degree Course, challenges Ext.P1 order passed by the State Information Commission, Kerala, holding that the petitioner institution is a Public Authority, coming within the purview of the Right to Information Act .

2. Through Ext.P1 order, it was found that salary of the teachers and staff of the College were paid by the Government under the Direct Payment System (DPS) and that even the retirement benefits of those employees are met from the State exchequer. The emoluments, duties and conditions of service of the teaching and non-teaching staff of such Colleges are prescribed under the different legislation as well as the University Grants Commission, 1956. Qualifications for admissions to various courses and examinations, selection for admission of students, section and appointment of teachers are to conform with the above laws and regulations.

3. Accordingly, the Commission found that the petitioner, an Aided Private College, is a Public Authority receiving substantial financial support directly as well as indirectly by funds provided by the Government, and hence, they have a right to provide information as sought for.

4. Heard the learned counsel for the petitioner, the learned Standing Counsel and the learned Government Pleader.

5. The issue that arises for consideration of this case is squarely covered against the petitioner by the judgment in D.A.V. College Trust and Management Society and others v. Director of Public Instructions [ 2019(4) KHC 840 ] as well as the judgment in V.S.Lee, Represented by Present Principal Mohan Sreekumar v. State of Kerala, Represented by Chief Secretary [2020 SCC OnLine 21632].

6. The definition of ‘Public Authority’ under Section 2 (h) of the RTI Act also shows that any bodies owned, controlled, or substantially financed by the Government and the nongovernmental organisations that were substantially financed, directly or indirectly, by the funds provided by the Government will come under the definition of the Public Authority.

Given the above, Ext.P1 order of the State Information Commission calls for no interference and accordingly, the writ petition is dismissed.

Sd/-MOHAMMED NIAS C.P.