Public Trust registered under the Maharashtra Public Trusts Act, 1950, receiving State grant and running educational institution – Whether “Public Authority amenable to Right to Information Act, 2005.
The petitioner / Trust runs two educational institutions / Colleges.
Trust / Society running an educational institution.
HELD that a public trust is not creation of a Statute. It can be for any public religious or charitable purpose as defined in Section 9 of the Maharashtra Public Trusts Act, including education, medical relief, etc. The management and administration of a Public Trust is in the hands of Trustees as appointed by the Trust Deed. However, all public trusts are registered with the Charity Commissioner who exercises regulatory control. It is, therefore, a private body and it has nothing to do with the Government. It is, therefore, not a public authority in Section 2(h) (a) to (d) of the RTI Act unless the Trust is the beneficiary of the government land or largesse in any form for its aims and objections and in such a case it would stand included in the definition of “pubic authority”. There is distinction between the Society / Trust and its educational institutions. Therefore, the public trust and the educational institution are one and the same for RTI Act is not correct position.
If information of Public Trust under RTI Act is solicited, there is no obligation to give such information unless the Trust does not fall under clause (i) of Section 2(h) of the RTI Act and has not received substantial government largesse or land on concession to implement its aims and objects
In case information of educational or other institutions run by Trust is solicited and if State financial support is substantial which is to be decided by the Information Commissioner, such information can be given.
The Charity Commissioner would not be legally obliged to give such information collected under the Maharashtra Public Trusts Act in case it is exempted category of Section 8(J) of RTI and if not covered, the information submitted to the authorities under MPT Act can be given.
Full Bench Judgment dated 1.3.2024 in LPA No.466 of 2011 in W.P.No.5168 of 2010 (D) of People Welfare Society Vs. The State Information Commissioner and others
