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TMI Blog2022 (4) TMI 1518X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 22, Act of 2005 has been given overriding effect over any other law for the time being in force or instrument having effect by virtue of any law other than the Act of 2005 - The Society herein need not be a public authority but if the information lying with such private body can be accessed by the public authority under law, the same can be provided by public authority on an application filed by an information seeker. This petition is disposed of by holding that Tyndale Biscoe Mallinson Society, which has established and is running the petitioner-educational institutions is not a public authority, as defined in Section 2(h) of the Act of 2005 and, therefore, information in its exclusive possession cannot be accessed directly from it by the information seeker under the provisions of the Act of 2005. Information seeker may, however, approach the public authority to obtain information relating to the petitioners and the public authority shall be bound to provide such information in relation to petitioners as may be in its possession or which can be accessed by it under any other law for the time being in force. The public authority before supplying such information shall pu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... seekers under the Act of 2005. 4. Having heard learned counsel for the parties and perused the material on record, it is seen that the petitioner-schools being run by Tyndale Biscoe and Mallinson Society are unaided private schools, though, established and recognized under the J K School Education Act, 2002. The Society is admittedly not receiving grant in aid and is not otherwise substantially financed by the Government and that being so, it is difficult to bring the petitioners within the purview of the term public authority as defined under Section 2(h) of the Act of 2005. 5. It may not be out of place to set out the definition of public authority as given in Section 2(h) of the Act of 2005 herein below:- 2(h) public authority means any authority or body or institution of self-government established or constituted-------- (a) by or under the Constitution; (b) by any other law made by Parliament; (c) by any other law made by State Legislature; (d) by notification issued or order made by the appropriate Government, and includes any--------- (i) body owned, controlled or substantially financed; (ii) non-Government organization substantially fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the appropriate Government and fall within the definition of public authority given in Section 2(h) of the Act of 2005. What was held by the Supreme Court is summed up in paras 15, 16, 17, 18 and 22, which for facility of reference are reproduced hereunder:- 15. If we analyse Section 2(h) carefully it is obvious that the first part of Section 2(h) relates to authorities, bodies or institutions of self government established or constituted (a) under the Constitution; (b) by any law of Parliament; (c) by any law of State Legislature or (d) by notification made by the appropriate Government. There is no dispute with regard to clauses (a) to (c). As far as clause (d) is concerned it was contended on behalf of the appellants that unless a notification is issued notifying that an authority, body or institution of self-government is brought within the ambit of the Act, the said Act would not apply. We are not impressed with this argument. The notification contemplated in clause (d) is a notification relating to the establishment or constitution of the body and has nothing to do with the Act. Any authority or body or institution of self-government, if established or constituted b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... categories mentioned in clauses (a) to (d). Therefore, we have no hesitation in holding that an NGO substantially financed, directly or indirectly, by funds provided by the appropriate government would be a public authority amenable to the provisions of the Act. 9. From the judgment of Hon ble the Supreme Court (supra), it clearly comes out that Section 2(h) essentially deals with eight different categories including the two mentioned in Sub Clauses (i) and (ii) and these categories are as under:- (i) an authority or body or institution of self-government established by or under the constitution, (ii) an authority or body or institution of self-government established by any other law made by Parliament, (iii) an authority or body or institution of self-government established or constituted by any other law made by the State Legislature, (iv) an authority or body or institution of self-government established or constituted by notification issued or order made by the appropriate Government, (v) a body owned, controlled or substantially financed, directly or indirectly by funds provided by the appropriate Government; (vi) non-governmental organizations substantia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... % of the funds required for its running. It was, however, clarified that whether or not an NGO or body is substantially financed by the Government is a question of fact to be determined on the facts of each case. Para 27 of the judgment in D.A.V.College (supra) is noteworthy in this regard and is reproduced hereunder:- 27. Whether an NGO or body is substantially financed by the government is a question of fact which has to be determined on the facts of each case. There may be cases where the finance is more than 50% but still may not be called substantially financed. Supposing a small NGO which has a total capital of Rs.10,000/- gets a grant of Rs.5,000/- from the Government, though this grant may be 50%, it cannot be termed to be substantial contribution. On the other hand, if a body or an NGO gets hundreds of crores of rupees as grant but that amount is less than 50%, the same can still be termed to be substantially financed. 11. When the case on hand is examined in the light of discussion made above and the law laid down by the Supreme Court, it is seen that the petitioner-schools and the Society, which runs and administered them, are not substantially financed directly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n in Section 2(f) is concerned, it means any information in any form including records, documents, memos, e-mails, etc etc. including the information relating to any private body which can be accessed by a public authority under any law for the time being in force. As per Section 2(j), the expression right to information means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to inspection of work, documents, records, taking notes, extracts or certified copies of documents or records; taking certified samples of material; obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printout mode etc. etc. 14. Definition of two expression i.e. information and right to information given in Section 2(h) and 2(j) of the Act of 2005 when considered in juxtaposition and interpreted in harmony with each other would unequivocally and clearly manifest that not only the information which is held by the public authority can be accessed under the Act of 2005 but such information as is under the control of such authority, too, can be acces ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny with the definition of term information as defined in Section 2(f). The said expression used in Section 2(j) of the RTI Act should not be read in a manner that it negates or nullifies definition of the term information in Section 2(f) of the RTI Act. It is well settled that an interpretation which renders another provision or part thereof redundant or superfluous should be avoided. Information as defined in Section 2(f) of the RTI Act includes in its ambit, the information relating to any private body which can be accessed by public authority under any law for the time being in force. Therefore, if a public authority has a right and is entitled to access information from a private body, under any other law, it is information as defined in Section 2(f) of the RTI Act. The term held by the or under the control of the public authority used in Section 2(j) of the RTI Act will include information which the public authority is entitled to access under any other law from a private body. A private body need not be a public authority and the said term private body has been used to distinguish and in contradistinction to the term public authority as defined in Section 2(h) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... say that the educational institution other than the one, which is a public authority, shall be entitled to deny information sought for by the Public Information Officer in terms of Section 8 of the Act of 2005. 18. In view of what is held herein above, this petition is disposed of by holding that Tyndale Biscoe Mallinson Society, which has established and is running the petitioner-educational institutions is not a public authority, as defined in Section 2(h) of the Act of 2005 and, therefore, information in its exclusive possession cannot be accessed directly from it by the information seeker under the provisions of the Act of 2005. Information seeker may, however, approach the public authority to obtain information relating to the petitioners and the public authority shall be bound to provide such information in relation to petitioners as may be in its possession or which can be accessed by it under any other law for the time being in force. The public authority before supplying such information shall put the petitioners on notice and adjudicate the objection, if any, raised by it under Section 8 of the Act of 2005 or any other similar provision contained in the Act of 2005. ..... 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