Whether Govt Aided Educational Institutions Run By Societies Are Subject To RTI Act? Karnataka HC Asks State Information Commission To Decide

The Karnataka High Court has directed the State Information Commission to decide whether societies and educational institutions (aided) run by the societies are subject to Right to Information Act, 2005.

A single judge bench of Justice Krishna S Dixit said,

"the question raised before this Court being mixed question of law & facts, needs to be addressed by the respondent – Commission after hearing both the sides and in accordance with law."

The Court was hearing a couple of writ petitions filed by Maland Technical Education Society, seeking to set aside the State Commission's order passed in 2014 which had brought the petitioner under the ambit of the Act. The respondents appeared before the court and submitted ,

"Wherever the educational institutions run by the societies are aided by the State, they cease to be 'private bodies' which otherwise would not fall within the precincts of the 2005 Act and if aided, that would metamorphoses them into public authorities as defined under Section 2(b) of the thereof."

While partly allowing the plea, the High Court said,

"The impugned orders are set at naught; the matters are remitted to the first respondent –Commission for consideration afresh after giving an opportunity of hearing to both the sides and in accordance with law. The remand shall be heard & decided within a period of three months, all contentions of the parties are kept open. It is open to the Commission to raise other questions if need be."

Case Title: MALNAD TECHNICAL EDUCATION SOCIETY v KARNATAKA INFORMATION COMMISSION

Case No: W.P.NO.5805/2015

Citation: 2022 LiveLaw (Kar) 312

Date of Order: 29TH DAY OF JULY, 2022

Appearance: Advocate MANMOHAN P N for petitioner; Advocate G.B.SHARATH GOWDA, FOR R1; AGA B.V.KRISHNA, FOR R3

Click Here To Read/Download Order