By means of the present writ petition, the petitioner is challenging the letter dated 11.1.2012 by which he has sought information under the Right to Information Act, 2005 at the instance of one Sri Sarvar Sharma.
Learned counsel for the petitioner submitted that on the application of Sri Sarvar Sharma, the District Inspector of Schools, Gautam Budh Nagar has sought information from the petitioner. The petitioner has given information stating therein that the petitioner's college is self financed college and the provision of Right to Information Act does not apply. The said information has been communicated by the District Inspector of Schools, Gautam Budh Nagar to Sri Sarvar Sharma vide letter dated 22.7.2011 and it appears that Sri Sarvar Sharma again moved an application before theDistrict Inspector of Schools, Gautam Budh Nagar and in pursuance thereof, the impugned letter has been issued. He submitted that Right to Information Act does not apply to the petitioner and, therefore, the letter issued by the District Inspector of Schools, Gautam Budh Nagar is wholly unjustified.
I find substance in the argument of learned counsel for the petitioner, which requires consideration.
Learned Standing Counsel appears on behalf of respondent nos. 1 and 2. Issue notice to respondent no. 3. All the respondents may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List thereafter.
Until further orders of this Court, the operation of the letter dated 11.1.2012 shall remain stayed.
Order Date :- 19.1.2012 OP