- (1.) THE short issue raised in this petition is as to whether the d. A. V. College, Sector 10, Chandigarh could be regarded as 'public authority' within the meaning of Section 2 (h) (d) of the Right to information Act, 2005 (for brevity 'the Act' ).
(2.) THERE are colleges with the name of d. A. V. College, Sector 10, Chandigarh, M. C. M. D. A. V. College, Sector 36, Chandigarh and a school with the name of D. A. V. Senior Secondary School, Sector 8, chandigarh. These institutions are established by the society and are admittedly getting financial aid to the extent of 95% from the Union Territory, Chandigarh. It is claimed that grant-in-aid was initially to the extent of 95% which has come down to 45%. The grievance aired by the petitioner is that the Director of Public Instructions, U. T. Chandigarh has initiated proceedings against the petitioners under the Act whereas the petitioners do not fall within the expression 'public authority' as used in section 2 (h) (d) of the Act. It is claimed that the petitioners cannot be considered to have been receiving substantial financial aid from the government or government resources. In respect of petitioner No. 4 i. e. D. A. V. Senior Secondary School, Sector 8, chandigarh, respondent No. 2 vide order dated 10-10-2001 /3-12-2007 (Annexure P/ 1) has already expressed its opinion that it is a 'public authority' within the meaning of section 2 (h) (d) of the Act. Members of the public had sought information from the petitioners by moving applications to the Public Information Officer. On 25-9-2007 (Annexure P. 2), one Arun aggarwal, respondent No. 5 has sought information regarding annual fee structure for various Classes/programmes/ diplomas/certificate courses/add-on courses offered by the D. A. V. College, Sector 10, Chandigarh along with many other informations. Likewise, on 26-9-2007 (Annexure P. 3), one Shri Avanindra Chopra, respondent No. 6 , has requested for supply of information concerning advertisement / notices issued by the D. A. V. College, sector 10, Chandigarh in respect of college admissions for the session 2007-08. One Sat pal Kharwal, respondent No. 7 on 26-2-2007 (Annexure P. 4) had also requested for supply of some information. However, the petitioners, in their reply sent to respondent no. 5 has taken the stand that the Act does not apply to their institution as it is not a 'public authority'. Respondent No. 1 on 10-9-2007 advised the petitioner to comply with the provisions of the Act as the petitioner is getting 95% grant-in-aid from the chandigarh Administration. The view of respondent No. 1 is expressed in the following terms : "in view of the above provisions, it is clear that the DAV College, Chandigarh being an aided College getting 95% grant-in-aid from the Chandigarh Administration is controlled and substantially financed by the Government and as such the college authorities are bound to comply with the provisions of the Act. We operate in an era of transparency and accountability and it is expected that all our decision must stand the test of public scrutiny. Issues Delating to annual fee structure for various courses, leave encashment, contributory provided fund deductions etc. are not covered, by the provisions of Section 8 of the Act which, provides exemption from disclosure of information. Even otherwise, the annual fee structure, being an integral part of the Prospectus, is open to all and it would be improper to withhold information on the same. "
(3.) SIMILAR directions have been issued by the Central Public Information Officer, office of respondent No. 1 to the petitioners for furnishing information to respondent nos. 5, 6 and 7 (Annexures P. 8 to P. 10 ).;