Information was denied by Gurukul Mahavidyalaya stating they are not public authority - CIC: respondent is registered under the Societies Act in the State of Uttarakhand, hence it is beyond the jurisdiction of the CIC
Vide RTI dt 17.7.12, appellant had sought information on 17 points relating to Gurukul Mahavidyalaya, Jawalapur, Haridwar.
2. PIO vide letter dt 13.8.12, informed the appellant that the College is not a public authority.
3. An appeal was filed on 30.8.12.
4. Submissions made by the appellant were heard. Appellant submitted that the institution receives grant from UGC and some of the teachers, particularly Sanskrit teachers are drawing a salary from the Uttarakhand government and are also in receipt of pension.
5. The Commission directs the appellant to give his written submissions to the Commission stating that how the said institute falls within the definition of public authority under the RTI Act along with documentary evidence, if any. We also direct the PIO, Gurukul Mahavidyalaya, to submit the following documents to the Commission : a) Memorandum of Association and Regulations of Society b) Sources of finance, clarifying whether any grant received from the State/Central funds. c) Land allotment letter. 1 d) Central/State government representatives, if any, on the Board of the Institute.
6. The above submissions may be provided within three weeks from date of receipt of the order.
7. A final view shall be taken on receipt of the above responses.
Central Information Commissioner
8. Written submissions of respondent dt 11.9.13 are received and taken on record. The appellant has not submitted his submissions in spite of reminder dt 30.10.13. Hence the case is being decided on the basis of documents available on record.
9. The respondent has submitted that they are established under the Societies Act and are a self financed institution. The salary of only one teacher and one staff is being paid by the Uttarakhand Government and hence they are not substantially financed to fall within the purview of Section 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 financed, directly or indirectly by funds provided by the appropriate Government; of the RTI Act. DECISION
10. The Commission finds that the respondent is a body registered under the Societies Act in the State of Uttarakhand, hence it is beyond the jurisdiction of the Central Information Commission. The appeal is dismissed.
Chief Information Commissioner
Citation: Shri Rakesh Kumar v. Gurukul Mahavidyalaya in File No.CIC/RM/A/2012/001221