IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
SREE AVITTAM THIRUNAL HOSPITAL HEALTH EDUCATION SOCIETY – Appellant
Versus
KERALA STATE INFORMATION COMMISSION – Respondent
| Table of Content |
|---|
| 1. society status under rti act. (Para 1) |
| 2. prior inconsistent rulings. (Para 2) |
| 3. direction for reconsideration by the commission. (Para 3) |
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 1st 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 1st 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 1st respondent, Kerala State Information Commission, I am inclined to set aside Ext.P6 with a direction to the 1st respondent to pass fresh orders after hearing the petitioner and the 2nd respondent.
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