- (1.) THE short issue raised in the instant petition is whether m. D. Sanatan Dharam Girls College, ambala City (for brevity 'the College') which is receiving 95 per cent aid from the State of haryana is covered by the expression 'public authority' as per its definition given in section 2 (h) of the Right to Information Act, 2005 (for brevity 'the Act' ). The State Information commission-respondent No. 1 (for brevity 'the Commission') has held that the college is covered by the expression 'public authority' as per definition given in Section 2 (h) of the Act and has issued directions to the petitioner to furnish complete informa-tipn to respondent No. 2 as demanded by her through the application dated 22-8-2007 within a period of ten days of the receipt of the impugned order. The Commission has also sought compliance report.
(2.) FACTS are not in dispute. Ms. Vanita sood, respondent No. 2, is a Music teacher and has been working in the College. A complaint was filed by a parent against her to the Kurukshetra University alleging that her daughter had been victimized by Vanita Sood in the course of practical music examination. On the directions issued by the University, the Managing Committee of the College ordered a fact-finding inquiry. The report of fact-finding inquiry was put up before the Managing Committee which showed dissatisfaction with Vanita Sood in appointing external examiner by her. Accordingly, the Managing Committee asked its President to, hold a detailed enquiry who along with two members framed a questionnaire for vanita Sood to reply. The questions were duly replied. On that basis the punishment of warning was given to her. She did not file any appeal although the remedy of appeal was available. She, however, requested for information under the Act through a written application dated 22-8-2007 (Annexurep. 2) and also sent a reminder on 20-9-2007. The College sent reply dated 19-10-2007 (Annexure P-4) declining the request made by her and claimed that it was not a 'public authority' within the meaning of Section 2 (h)of the Act. Ms. Vanita Sood, however, filed an appeal to the Commission (Annexure P. 5) to which reply was filed by the College on 12-11-2007 (Annexure P. 6 ). The petitioner inter alia raised the issue that the College had been set up by the Sanatan Dharam sabha which is a registered society and affiliated to kurukshetra University. It has further been contended that the College is affiliated to Kurukshetra University and is covered by the Haryana Affiliated Colleges (Security of Service) Rules, 2006. The Commission after considering the arguments framed the following two issues : "1. Whether a non-Governmental institution receiving substantial grants from government is a 'public authority' as defined under Section 2 (h) of the RTI Act. 2. Whether the complainant is entitled to have access to information sought by her application dated 22-8-2007. "
(3.) ON Issue No. 1, the Commission concluded that the non-Governmental organisation substantially funded directly or indirectly by the appropriate Government though set up by a registered society is covered under the definition of'public authority' as incorporated by Section 2 (h) (d) (ii) of the Act. In respect of the 2nd issue the Commission held that Vanita Sood was entitled to have access to the information sought by her. It was further opined that the request was not covered under the exemption provision.;