Petitioner has approached this Court seeking to challenge Ext.P2 and for a declaration that the first respondent comes within the provisions of public authority under Right to Information Act, 2005. Counter affidavit is filed by the respondent, inter alia, stating that the petitioner is not a public authority coming within the purview of the Act. Apparently, the first respondent is not a public authority as defined under Right to Information Act. The public authority is defined under Section 2(h) of the Right to Information Act as under: “(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 Organisation substantially financed, directly or indirectly by funds provided by the appropriate Government;”
W.P.C.No.15397 OF 2012 2
2. In so far as the petitioner is not a Government organisation nor any body owned, controlled or non- Governmental organisation substantially financed by the Government, I do not think that the provisions of the Act can be made applicable to the first respondent.
3. Under such circumstance, I do not think that the petitioner is entitled to approach the first respondent seeking any information under the Act.
However, without prejudice to the right of the petitioner to seek other appropriate reliefs before a civil court, the writ petition is dismissed.
Sd/- A.M.SHAFFIQUE, JUDGE sd // TRUE COPY // P.A. TO JUDGE