- (1.) HEARD Sri J. J. Munir, learned counsel for the petitioner and learned standing counsel.
(2.) BY this writ petition, the petitioner has prayed for a writ of certiorari quashing the impugned orders dated 12-12-2007, 4-1- 2008, 11-1-2008 and 12-3-2008. The writ petition raises an important issue. The orders, which are sought to be challenged in the writ petition are the orders issued by the authorities under Right to Information act, 2005, asking the management to provide certain information, as prayed for, in accordance with the procedure prescribed under Right to Information Act, 2005. The petitioner is a Committee of Management of an intermediate college, which is recognised under U. P. Intermediate Education Act, 1921. In para- 16, it is also mentioned that the institution is receiving grant-in-aid from the State of U. P.
(3.) SRI J. J. Munir, learned counsel for the petitioner, challenging the orders contended that the institution is not covered by the definition of public authority, as provided under Section 2 (h) of Right to Information Act, 2005 (hereinafter referred to as the 'act' ). Elaborating his submission, the learned counsel submits that the institution is a. private institution run by a registered society and is providing education to the society. The institution has corpus, building and land, which are permanently owned by the institution and the mere fact that the institution is receiving grant-in-aid from the state Government by way of payment of salary to the teachers and staff, will not cover the institution under Section 2 (h) of the Act since the institution is not substantially financed. In fact, the authorities under the act have to find out in each and every case whether the institution is substantially financed or not and in the present case no inquiry having been conducted by the competent authority the orders directly issued asking the management to divulge the information cannot be sustained.;