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| Information under RTI Act cannot be accessed directly from who is not Public Authority: HC | | | Early Times Report
JAMMU, Apr 27: Justice Sanjeev Kumar has held that private unaided institution is not a public authority still all the information as can be accessed by the public authority (Public Information Officer of the Education Department) or some other department of the government under any other law for the time being in force can be provided by the public authority.
The judge observed that such information could be the one in possession of the public authority or it could be the information legally accessible or obtainable from the private body. Needless to say that the educational institution other than the one, which is a public authority, shall be entitled to deny information sought for by the Public Information Officer in terms of Section 8 of the Act of 2005.
Justice Sanjeev while disposing of the petition, held that holding that Tyndale Biscoe & Mallinson Society, which has established and is running the petitioner-educational institutions is not a public authority, as defined in Section 2(h) of the Act of 2005 and, therefore, information in its exclusive possession cannot be accessed directly from it by the information seeker under the provisions of the Act of 2005. Information seeker may, however, approach the public authority to obtain information relating to the petitioners and the public authority shall be bound to provide such information in relation to petitioners as may be in its possession or which can be accessed by it under any other law for the time being in force. |
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