A society not receiving government funding or control is not deemed a public authority under the RTI Act, as established by inconsistent previous decisions by the information commission.

J U D G M E N T

The petitioner is a Society formed under the Travancore Cochin Literary, Scientific, Cultural and Charitable Society Act of 1955, for the betterment of the infrastructure facilities of Sree Avittom Thirunal Hospital, a Government Hospital, specially catering to women and children. The petitioner complains that despite the Society functioning without any Government control, ownership or funding from the Government, through Ext.P6 order, the 1^st respondent found that the petitioner is a public authority, coming within the ambit of Section 2(h)(c)

of the RTI Act, 2005 .

2. The petitioner also says that on earlier occasions, with respect to the same Society, the 1^st respondent had found in Ext.P4 and Ext.P5 that it will not come under the definition of a Public authority.

3. Taking note of the contrary views taken by the 1^st respondent, Kerala State Information Commission, I am inclined to set aside Ext.P6 with a direction to the 1^st respondent to pass fresh orders after hearing the petitioner and the 2^nd respondent. The principles of law stated by the Supreme Court in the judgment in D.A.V College Trust and Management Society and Others Vs. Director of Public Instructions and Others [2019 (4) KHC 840] shall also be adverted to while taking a decision. It will be open to the parties to place such materials to substantiate their contentions, which shall be adverted to by the 1^st respondent, while taking a decision, as directed above.

The impugned order is set aside, and the writ petition is allowed as above.

SD/-