Private unaided schools do not come with purview of 'public authority'

Citation

AIR 2022 JAMMU AND KASHMIR 112

JAMMU AND KASHMIR HIGH COURT

: AIROnline 2022 J and K 282

SANJEEV KUMAR , J.

WP(C) No. 795/ of 2022, D/- 27 - 4 - 2022

Tyndale Biscoe School and Ors. v. Union Territory of J. and K. and Ors.

(A)Right to Information Act (22 of 2005), S.2(h) - Public authority - Private unaided schools do not come with purview of 'public authority'. Petitioners-schools and Society running and administering them are not substantially financed directly or indirectly by Govt. Merely providing land to Society on concessional rates to encourage establishment of educational institutions of eminence and repute does not amount to providing substantial finance to petitioner-Institutions. Thus private unaided educational institutions, as the petitioners are, who are not owned, controlled or substantially financed directly or indirectly by funds

provided by Govt., do not fall within definition of 'public authority' as defined under S.2(h) and, therefore, not bound to provide information to Public Information Officer of education department or

to information seekers under the Act of 2005. AIR 2019 SC 4411, Followed.

 (Paras 11 , 17)