Times of India: Nagpur: Thursday, 30 September 2021.
Whether a trust registered under Maharashtra Public Trusts Act, 1950, is duty-bound to furnish information under Right to Information (RTI) Act, 2005? The Nagpur bench of the Bombay high court on Wednesday directed its registry to submit the case papers before the chief justice for consideration whether this issue is to be referred to the larger bench.
“As the question relating to furnishing information by a public trust under the RTI Act regularly arises for consideration, we are of the view that an authoritative pronouncement on this aspect by a larger bench is called for. Accordingly, the question on whether a public trust, which is running an institution that receives grant from Maharashtra government, is duty-bound to provide information under the RTI Act deserves to be referred to a larger bench,” said a division bench comprising Justice Atul Chandurkar and Justice GA Sanap.
The order came while hearing a letters patent appeal (LPA) by Peoples’ Welfare Society, through president Madhukarrao Wasnik, which runs PWS Arts and Commerce College in Kamptee.
Registered under the Societies Registration Act, 1860, and Maharashtra Public Trusts Act, the petitioner runs various educational institutions in the city. On April 15, one Ravindra Wasnik sought information under RTI from the society, which was declined on the pretext that the Act is not applicable to public trusts. The applicant then appealed to the state information commissioner (SIC) under Section 19(3) of the RTI Act.
While allowing his appeal, the SIC directed the petitioner to appoint a public information officer and furnish the information sought by the applicant. The society challenged it in the HC before a single-judge bench which held that since it was running a college that received 100% government grant, such public trust/society was thus bound to comply with the RTI Act provisions being a public authority.
The petitioner challenged the verdict before the division bench by filing LPA through counsel PR Parsodkar contending that the society was not receiving any grant from the exchequer so as to satisfy the requirement of it being a public authority.
The petitioner said merely because the society was running a college, which was receiving grant from the exchequer, it could not be the reason to hold that it was a public authority and thus liable to furnish information. The society and college run by it were separate and distinct entities. It was only the college that was receiving grant and, therefore, the college alone was bound to provide information under RTI, the petitioner argued.
Whether a trust registered under Maharashtra Public Trusts Act, 1950, is duty-bound to furnish information under Right to Information (RTI) Act, 2005? The Nagpur bench of the Bombay high court on Wednesday directed its registry to submit the case papers before the chief justice for consideration whether this issue is to be referred to the larger bench.
“As the question relating to furnishing information by a public trust under the RTI Act regularly arises for consideration, we are of the view that an authoritative pronouncement on this aspect by a larger bench is called for. Accordingly, the question on whether a public trust, which is running an institution that receives grant from Maharashtra government, is duty-bound to provide information under the RTI Act deserves to be referred to a larger bench,” said a division bench comprising Justice Atul Chandurkar and Justice GA Sanap.
The order came while hearing a letters patent appeal (LPA) by Peoples’ Welfare Society, through president Madhukarrao Wasnik, which runs PWS Arts and Commerce College in Kamptee.
Registered under the Societies Registration Act, 1860, and Maharashtra Public Trusts Act, the petitioner runs various educational institutions in the city. On April 15, one Ravindra Wasnik sought information under RTI from the society, which was declined on the pretext that the Act is not applicable to public trusts. The applicant then appealed to the state information commissioner (SIC) under Section 19(3) of the RTI Act.
While allowing his appeal, the SIC directed the petitioner to appoint a public information officer and furnish the information sought by the applicant. The society challenged it in the HC before a single-judge bench which held that since it was running a college that received 100% government grant, such public trust/society was thus bound to comply with the RTI Act provisions being a public authority.
The petitioner challenged the verdict before the division bench by filing LPA through counsel PR Parsodkar contending that the society was not receiving any grant from the exchequer so as to satisfy the requirement of it being a public authority.
The petitioner said merely because the society was running a college, which was receiving grant from the exchequer, it could not be the reason to hold that it was a public authority and thus liable to furnish information. The society and college run by it were separate and distinct entities. It was only the college that was receiving grant and, therefore, the college alone was bound to provide information under RTI, the petitioner argued.