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In a decision that will have a far-reaching effect on all DAV institutions in the state,a full bench comprising state information commissioners,Surinder Singh,PPS Gill and Kulbir Singh,ruled that DAV College Management Committee,Hoshiarpur,was a public authority and therefore covered under the RTI Act.
The bench directed the management committee to appoint a Public Information Officer (PIO),APIO,and the first appellate authority as per the RTI Act within 15 days,and send a copy of the order to the commission for record.
The decision was taken while deciding the case of Hoshiarpur resident AS Wadhawan. In September last year,the complainant had filed an RTI application in the office of the president of DAV College Managing Committee,Hoshiarpur,seeking information about four institutions: DAV College,DAV BEd College,DAV Higher Secondary School and DAV Parvati Devi College for Girls and School,all in Hoshiarpur.
The information sought concerned recognition and affiliation to these institutions,details of rooms and playgrounds,income,receipts and rent received from shops attached with these bodies and property tax paid by each shop.
The respondent argued that DAV College Managing Committee was a private body and not under the RTI Act. However,the bench said even a non-government organisation substantially financed by the government was a public authority. There is no doubt that the DAV College Managing Committee,Hoshiarpur,is a non-government organisation. However,it is not disputed that all the institutions about which the information is sought are state-aided. So,the respondent managing committee would be a public authority,if the information sought is in its custody or control, the commission said.
The commissioners said they agreed with an earlier single bench judgment of the panel,which stated,DAV College Management Committee is a controlling authority set up by the DAV College,Hoshiarpur,to administrate various educational institutions owned and run by it… A feeble attempt made by respondent to submit that the managing committee is a separate entity from the college is without any basis.
Directing the respondent to supply information within 30 days,the bench said after appointing designated officers under the RTI Act,the respondent should intimate the cost of documents to the complainant. And after the information-seeker deposits the requisite charges,the management committee would be duty bound to supply duly authenticated information,the panel observed and closed the case.
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