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Whether Govt Aided Educational Institutions Run By Societies Are Subject To RTI Act? Karnataka HC Asks State Information Commission To Decide

The Karnataka High Court has instructed the State Information Commission to decide whether associations and educational institutions run (aided) by the associations are subject to the Right to Information Act, 2005.

A single right bank of Justice Krishna S Dixit said,

the question raised before this Court is a mixed matter of law and fact and must be answered by the Defendant – Commission, after hearing both parties and in accordance with the law.

The court heard a number of subpoenas filed by Maland Technical Education Society, seeking to override the 2014 State Commission order that had brought the petitioner within the scope of the law. Defendants appeared in court and submitted:

“Wherever the educational institutions run by the associations are aided by the state, they are no longer ‘private entities’ that would otherwise not fall within the scope of the 2005 Act, and if they are aided, it would turn them into public entities. authorities as defined in section 2(b) thereof.”

Although the plea was partially granted, the Supreme Court said:

The contested orders have been set to zero; the cases will be referred back to the first Defendant Commission for retrial after giving both parties an opportunity and in accordance with the law. The pre-trial detention will be heard and decided within a period of three months, all arguments of the parties will be left open. The Commission is free to raise other questions if necessary.

Case title: MALNAD TECHNICAL EDUCATION SOCIETY v KARNATAKA INFORMATION COMMISSION

Case No: WPNO.5805/2015

Quote: 2022 LiveLaw (Kar) 312

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Date of order: 29TH DAY OF JULY, 2022

Appearance: lawyer MANMOHAN PN for the applicant; Attorney GBSHARATH GOWDA, FOR R1; AGA BVKRISHNA, FOR R3

Click here to read/download the order:


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