Nagpur: In a significant judgment, the Nagpur Bench of Bombay High Court ruled that the Right to Information Act (RTI) would not apply to public trusts and education institutions like schools and colleges, unless they receive substantial contributions from the government in the form of funds or land.
A three-judge bench comprising Justice Avinash Gharote, Justice Anil Kilor and Justice Urmila Joshi Phalke was formed after two High Court benches pronounced contrasting judgments on the issue.
While hearing a letters patent appeal by People’s Welfare Society run by PWS College at Kamptee, the bench took up the question on whether a public trust registered under Maharashtra Public Trusts Act, 1950, and receiving grant from the government, is duty bound to supply information under RTI Act.
“If information solicited under RTI Act is regarding the public trust, then there is no obligation to provide details, if the trust does not fall within the Act’s sections. It’s also necessary that the trust should not have received substantial government largesse or land on concession to implement aims and objectives,” the High Court said.
The judges also asked the State Information Commissioner to decide on parameters of the case. “In case the RTI information solicited is on educational or other institutions run by the public trust, then depending on the extent of government’s financial support, which will be decided by the Information Commissioner, details on such educational or other institutions can be supplied,” the judges said.
The High Court further clarified the Charity Commissioner would not be legally obliged to provide such information, which may be collated by him with regard to the public trust under the Maharashtra Public Trusts Act, in case it falls under the exempted category of RTI Act and the demand does not have statutory backing.
“If the information solicited does not fall in the exempted category of RTI Act, information as submitted to authorities under its various provisions by the public trust, can be supplied by the authority having its custody,” the judges said.
