As per case facts, DAV Police Public School challenged an Order by the State Information Commissioner declaring it a 'Public Authority' under the RTI Act. The School claimed it was ...
No Acts & Articles mentioned in this case
CWP-27949
CWP-22121
IN THE HIGH COURT OF PUNJAB AND HARYANA
DAV College Trust and
State Information Commissioner, Haryana and others
2)
DAV College Trust and Management Society and others
State Information Commissioner, Haryana and others
CORAM:
Present:
KULDEEP TIWARI
1)
common question of law arises for consideration of this Court, both these
writ petitions are
reference, facts are being culled out from
27949-2019 (O&M)
22121-2024 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP
Reserved on:
Pronounced on:
Uploaded on:
DAV College Trust and Management Society and others
Versus
State Information Commissioner, Haryana and others
CWP
DAV College Trust and Management Society and others
Versus
Information Commissioner, Haryana and others
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Mr. Akshay Bhan, Senior Advocate, with
Mr. R.S. Cheema, Advocate, and
Mr. Rohit Nagpal, Advocate,
for the petitioner.
Mr. Bhupender Singh, Addl. A
Respondent No.3-Ex parte.
****
KULDEEP TIWARI, J.
Since learned counsel for the parties are
common question of law arises for consideration of this Court, both these
writ petitions are amenable to be decided together. For a facility of
reference, facts are being culled out from
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-27949-2019 (O&M)
Reserved on: 19.11.2025
Pronounced on: 10.02.2026
Uploaded on: 10.02.2026
Management Society and others
….Petitioners
State Information Commissioner, Haryana and others
….Respondents
CWP-22121-2024 (O&M)
DAV College Trust and Management Society and others
….Petitioners
Information Commissioner, Haryana and others
….Respondents
KULDEEP TIWARI
Mr. Akshay Bhan, Senior Advocate, with
Mr. R.S. Cheema, Advocate, and
Mr. Rohit Nagpal, Advocate,
Mr. Bhupender Singh, Addl. A.G., Haryana.
Since learned counsel for the parties are ad idem that a
common question of law arises for consideration of this Court, both these
decided together. For a facility of
reference, facts are being culled out from CWP-27949-2019.
that a
common question of law arises for consideration of this Court, both these
decided together. For a facility of
CWP-27949
CWP-22121
2)
Articles 226/227 of the Constitution of
order dated 12.09.20
Commissioner, Haryana
issued to DAV Police Public School
for information
2005 (for short, ‘the Act’), declaring it as ‘Public Authority’.
GRIEVANCE
3)
declaration of
Information Commission,
directly or indirectly, on any financial assistance provided by the State
Government or the Union Government. Rather, the School is an unaided
institution, under the exclusive control, management and supervision of
the DAV
are sustained entirely
4)
State funds, and
these are opera
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The petitioners, by way of instant writ
Articles 226/227 of the Constitution of India,
order dated 12.09.2016 (Annexure P-7), passed by the State Information
Commissioner, Haryana-respondent No.1, vide which, a direction was
issued to DAV Police Public School-petitioner No.3, to
for information to respondent No.2, under the Right to Information
2005 (for short, ‘the Act’), declaring it as ‘Public Authority’.
GRIEVANCE
In essence, the grievance
declaration of petitioner No.3-School, as Public Authority,
Information Commission, despite the fact
directly or indirectly, on any financial assistance provided by the State
Government or the Union Government. Rather, the School is an unaided
institution, under the exclusive control, management and supervision of
the DAV College Managing Committee, New Delhi. And, its operations
are sustained entirely out of its own internal resources, viz:
a) School fees collected from the students; and
b) Funds borne by the Welfare Association
purely contributory funds created by voluntary deductions
from the salaries of police personnel whose wards study in
the School.
In nutshell, the abovementioned funds do not relate to any
State funds, and, thus, are not controlled by the Government.
these are operated independently, under the governing structure of the
The petitioners, by way of instant writ petition, as cast under
India, question the legality of the
7), passed by the State Information
respondent No.1, vide which, a direction was
petitioner No.3, to divulge the asked
respondent No.2, under the Right to Information Act,
2005 (for short, ‘the Act’), declaring it as ‘Public Authority’.
grievance of petitioners emanates from
, as Public Authority, by the State
the fact that it is not dependent, either
directly or indirectly, on any financial assistance provided by the State
Government or the Union Government. Rather, the School is an unaided
institution, under the exclusive control, management and supervision of
College Managing Committee, New Delhi. And, its operations
nal resources, viz:-
School fees collected from the students; and
the Welfare Association(s), which are
created by voluntary deductions
from the salaries of police personnel whose wards study in
he abovementioned funds do not relate to any
are not controlled by the Government. In this way,
ted independently, under the governing structure of the
under
the legality of the
7), passed by the State Information
respondent No.1, vide which, a direction was
the asked
Act,
from
by the State
it is not dependent, either
directly or indirectly, on any financial assistance provided by the State
Government or the Union Government. Rather, the School is an unaided
institution, under the exclusive control, management and supervision of
College Managing Committee, New Delhi. And, its operations
, which are
created by voluntary deductions
from the salaries of police personnel whose wards study in
he abovementioned funds do not relate to any
,
ted independently, under the governing structure of the
CWP-27949
CWP-22121
Haryana Police Welfare & Sports Society, which, indeed, is a Registered
Society.
Factual Matrix
5)
undisputed and
applicant-
(Annexure P
extracted
6)
(Annexure P
ground that
come within the ambit of Section 2(h)
interest had been disclosed by the applicant, as he was not the part of the
selection process. And,
deficiencies, being unsupported by an
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Haryana Police Welfare & Sports Society, which, indeed, is a Registered
ual Matrix
Clipped off the unnecessary details, the facts
undisputed and germane for adjudication of the matter at hand are that
-respondent No.2, filed an application dated 13.04.2016
(Annexure P-1), under the provisions of the Act
extracted information:-
“1. The interview was held on dated 01.04.
of DPE and PTI in DAV Police Public School, Police Line,
Rewari. In this interview, details are required of all participants
alongwith their complete addresses be provided in writing
2. The photocopies of all Forms be provided through
the applicant applied for the post of DPE and PTI at the time of
interview alongwith photocopies of all their educational
qualifications and diploma certificates.
3. Sir, the written information be provided for the criteria
followed for eligibility for all above posts.
4. All details be supplied for appointed eligible candidates
along with their complete details.”
However, the application, vide order dated 19.05.2016
(Annexure P-3), was rejected by the Principal of the School,
ground that since the School is an unaided
come within the ambit of Section 2(h)
interest had been disclosed by the applicant, as he was not the part of the
selection process. And, the application was also fraught with procedural
deficiencies, being unsupported by any identity proof.
Haryana Police Welfare & Sports Society, which, indeed, is a Registered
the unnecessary details, the facts, which are
germane for adjudication of the matter at hand are that,
filed an application dated 13.04.2016
1), under the provisions of the Act, seeking the below
The interview was held on dated 01.04.2016 for the post
of DPE and PTI in DAV Police Public School, Police Line,
Rewari. In this interview, details are required of all participants
alongwith their complete addresses be provided in writing.
The photocopies of all Forms be provided through which
the applicant applied for the post of DPE and PTI at the time of
interview alongwith photocopies of all their educational
qualifications and diploma certificates.
Sir, the written information be provided for the criteria
or all above posts.
All details be supplied for appointed eligible candidates
along with their complete details.”
However, the application, vide order dated 19.05.2016
3), was rejected by the Principal of the School, on the
the School is an unaided private institution, it does not
of the Act. Further, no public
interest had been disclosed by the applicant, as he was not the part of the
the application was also fraught with procedural
identity proof.
Haryana Police Welfare & Sports Society, which, indeed, is a Registered
, which are
,
filed an application dated 13.04.2016
the below
2016 for the post
of DPE and PTI in DAV Police Public School, Police Line,
Rewari. In this interview, details are required of all participants
which
the applicant applied for the post of DPE and PTI at the time of
interview alongwith photocopies of all their educational
Sir, the written information be provided for the criteria
All details be supplied for appointed eligible candidates
However, the application, vide order dated 19.05.2016
on the
, it does not
of the Act. Further, no public
interest had been disclosed by the applicant, as he was not the part of the
the application was also fraught with procedural
CWP-27949
CWP-22121
7)
preferred a first appeal,
appeal, under Sec
Commission
appeal, thereby
purview of Public Authority. As a consequence, a direction
upon the School to either furnish the information sought for, or pass a
speaking order, as to how, the information asked for is exempted under
Section 8 of the Act, an
by 02.11.2016.
Essential Proceedings before this Court
8)
accosted the learned Senior counsel, with
of Understanding
the School is, in fact, sponsored and financed by the Haryana Police
Department. In response, he sought
record the factual aspects to substantiate the pleas raised in the petitions,
by filing a specific af
9)
Principal of the School (
School is an unaided
Government or
Appropriate Government. So much so, the School is not substantially
financed, directly or indirectly by the fund
Government. It was specifically recited that deficient give
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Fetching grievance from the decision (supra),
preferred a first appeal, which, eventually, culminated into a second
under Section 19(3) of the Act.
Commission-respondent No.1, vide order under challenge, allowed the
appeal, thereby categorically holding that the School
purview of Public Authority. As a consequence, a direction
upon the School to either furnish the information sought for, or pass a
speaking order, as to how, the information asked for is exempted under
Section 8 of the Act, and submit a compliance report to the Commission
by 02.11.2016. Hence, the petitioners are before this Court.
Essential Proceedings before this Court
On 06.08.2025, during the course of hearing, this Court had
accosted the learned Senior counsel, with
of Understanding (Annexure P-11), which unambiguou
the School is, in fact, sponsored and financed by the Haryana Police
Department. In response, he sought and was granted
record the factual aspects to substantiate the pleas raised in the petitions,
by filing a specific affidavit.
In compliance thereto, an affidavit dated 18.08.2025 of the
Principal of the School (Sh. Joy Banerjee), was filed, reiterating that the
School is an unaided institution and does not get any aid from Centr
Government or State Government, and is not owned an
Appropriate Government. So much so, the School is not substantially
financed, directly or indirectly by the fund
Government. It was specifically recited that deficient give
the decision (supra), the applicant
which, eventually, culminated into a second
tion 19(3) of the Act. Finally, the State Information
order under challenge, allowed the
holding that the School does fall within the
purview of Public Authority. As a consequence, a direction was issued
upon the School to either furnish the information sought for, or pass a
speaking order, as to how, the information asked for is exempted under
submit a compliance report to the Commission
ioners are before this Court.
Essential Proceedings before this Court
On 06.08.2025, during the course of hearing, this Court had
accosted the learned Senior counsel, with Clause 1.2 of the Memorandum
, which unambiguously reflects that
the School is, in fact, sponsored and financed by the Haryana Police
and was granted time to bring on
record the factual aspects to substantiate the pleas raised in the petitions,
In compliance thereto, an affidavit dated 18.08.2025 of the
Joy Banerjee), was filed, reiterating that the
institution and does not get any aid from Centre
State Government, and is not owned and controlled by
Appropriate Government. So much so, the School is not substantially
financed, directly or indirectly by the funds provided by the Appropriate
Government. It was specifically recited that deficient given by the police
the applicant
which, eventually, culminated into a second
, the State Information
order under challenge, allowed the
fall within the
was issued
upon the School to either furnish the information sought for, or pass a
speaking order, as to how, the information asked for is exempted under
submit a compliance report to the Commission
On 06.08.2025, during the course of hearing, this Court had
lause 1.2 of the Memorandum
sly reflects that
the School is, in fact, sponsored and financed by the Haryana Police
time to bring on
record the factual aspects to substantiate the pleas raised in the petitions,
In compliance thereto, an affidavit dated 18.08.2025 of the
Joy Banerjee), was filed, reiterating that the
e
controlled by
Appropriate Government. So much so, the School is not substantially
Appropriate
n by the police
CWP-27949
CWP-22121
department is out of Haryana Police Education Fund, which is collected
by the employees, and Government does not contribute anything to the
welfare fund/education fund of the police
10)
upon 3 acres of
building was constructed by the Haryan
from Haryana Police Welfare Fund
by Haryana Police Welfare Association
the employees and the ‘State Government’ and the Police Department has
nothing to do with this fund.
affidavit embodies the details of the funds provided by the Police
Department from Welfare/Education Fund in a tab
years 2015 to 2018, and 2022
depicted in the table,
Department from Welfare/Education Fund.
11)
thoroughly scrutizing the affidavit (supra), felt the need to understand the
composition of Haryana Police Welfare Association, its funding structure
and exact status. Thus, vide order dated 25.09.2025, the Director General
of Police, H
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department is out of Haryana Police Education Fund, which is collected
by the employees, and Government does not contribute anything to the
welfare fund/education fund of the police:
“That the deficient given by the police department is o
of Haryana Police Education Fund, which is collected by the
employees and Government does not contribute anything to the
welfare fund/education fund of the police.”
It was further stated that the building of the School is built
upon 3 acres of land, which is given to the Society on lease
was constructed by the Haryan
Haryana Police Welfare Fund. The entire construction was funded
by Haryana Police Welfare Association, which is a fund collected f
the employees and the ‘State Government’ and the Police Department has
nothing to do with this fund. Furthermore, paragraph No.19 of the
affidavit embodies the details of the funds provided by the Police
Department from Welfare/Education Fund in a tab
years 2015 to 2018, and 2022 to 2025.
depicted in the table, the substantial amount was funded by the Police
Department from Welfare/Education Fund.
Proceeding further with the matter, this Court,
thoroughly scrutizing the affidavit (supra), felt the need to understand the
composition of Haryana Police Welfare Association, its funding structure
and exact status. Thus, vide order dated 25.09.2025, the Director General
of Police, Haryana, was directed to file an affidavit, in this regard:
“This Court is of the considered opinion that for
proper adjudication of the instant petition(s), it is apt to know the
department is out of Haryana Police Education Fund, which is collected
by the employees, and Government does not contribute anything to the
:-
“That the deficient given by the police department is out
of Haryana Police Education Fund, which is collected by the
employees and Government does not contribute anything to the
welfare fund/education fund of the police.”
It was further stated that the building of the School is built
land, which is given to the Society on lease, and the
was constructed by the Haryana Police Housing Corporation
. The entire construction was funded
, which is a fund collected from
the employees and the ‘State Government’ and the Police Department has
Furthermore, paragraph No.19 of the
affidavit embodies the details of the funds provided by the Police
Department from Welfare/Education Fund in a tabulated form, for the
Pertinently, as per the figures
the substantial amount was funded by the Police
Department from Welfare/Education Fund.
Proceeding further with the matter, this Court, after
thoroughly scrutizing the affidavit (supra), felt the need to understand the
composition of Haryana Police Welfare Association, its funding structure
and exact status. Thus, vide order dated 25.09.2025, the Director General
irected to file an affidavit, in this regard:-
“This Court is of the considered opinion that for
proper adjudication of the instant petition(s), it is apt to know the
department is out of Haryana Police Education Fund, which is collected
by the employees, and Government does not contribute anything to the
ut
of Haryana Police Education Fund, which is collected by the
employees and Government does not contribute anything to the
It was further stated that the building of the School is built
he
Housing Corporation
. The entire construction was funded
rom
the employees and the ‘State Government’ and the Police Department has
Furthermore, paragraph No.19 of the
affidavit embodies the details of the funds provided by the Police
for the
as per the figures
the substantial amount was funded by the Police
after
thoroughly scrutizing the affidavit (supra), felt the need to understand the
composition of Haryana Police Welfare Association, its funding structure
and exact status. Thus, vide order dated 25.09.2025, the Director General
“This Court is of the considered opinion that for
proper adjudication of the instant petition(s), it is apt to know the
CWP-27949
CWP-22121
12)
filed, delineating that the Haryana Police Welfare an
registered under The Societies Act, 1860, on 02.06.2003
revised certificate of registration was issued on 04.12.20
Haryana Registration and Regulation of Societies Act, 2012.
achieve the objects
funds, i.e. Haryana Police Welfare Fund, Haryana Police Education
Fund, and Haryana Police Sports Fund,
Officers/officials of all ranks, including civilian employees
of the said Society, and are required to pay one time membership fee, as
well as monthly subscription
Apart from the above,
the State Government to augment
activities, as laid down in the objectives of the
13)
composition of the Governing Body of the Society, which reads as
under:-
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composition of Haryana Police Welfare Association, its funding
structure and the status. Let an affidavit in this regard, be filed
by the Director General of Police, Haryana, explaining therein,
the status of Haryana Police Welfare Association, its funding
structure and complete composition, thereof.”
In deference thereto, an affidavit dated 12.11.2025, was
filed, delineating that the Haryana Police Welfare an
registered under The Societies Act, 1860, on 02.06.2003
revised certificate of registration was issued on 04.12.20
Registration and Regulation of Societies Act, 2012.
achieve the objects, for which the said Society
funds, i.e. Haryana Police Welfare Fund, Haryana Police Education
Fund, and Haryana Police Sports Fund, have also b
Officers/officials of all ranks, including civilian employees
of the said Society, and are required to pay one time membership fee, as
well as monthly subscription amount to the abovenamed three
Apart from the above, the said Society also receive
the State Government to augment the resources for
activities, as laid down in the objectives of the
“The Society also receives
from the State Government in certain years to augment the
resources of the Society for carrying out welfare activities
as laid down in the objectives of the Society.
Likewise, paragraph 6 of the affidavit
composition of the Governing Body of the Society, which reads as
composition of Haryana Police Welfare Association, its funding
. Let an affidavit in this regard, be filed
by the Director General of Police, Haryana, explaining therein,
the status of Haryana Police Welfare Association, its funding
structure and complete composition, thereof.”
affidavit dated 12.11.2025, was
filed, delineating that the Haryana Police Welfare and Sports Society was
registered under The Societies Act, 1860, on 02.06.2003. Thereafter, a
revised certificate of registration was issued on 04.12.2013, under the
Registration and Regulation of Societies Act, 2012. Further, to
for which the said Society has been established, three
funds, i.e. Haryana Police Welfare Fund, Haryana Police Education
have also been constituted. The
Officers/officials of all ranks, including civilian employees, are members
of the said Society, and are required to pay one time membership fee, as
amount to the abovenamed three funds.
said Society also receives contribution from
resources for undertaking welfare
activities, as laid down in the objectives of the Society:-
“The Society also receives Contribution
te Government in certain years to augment the
resources of the Society for carrying out welfare activities
as laid down in the objectives of the Society.”
Likewise, paragraph 6 of the affidavit narrates the
composition of the Governing Body of the Society, which reads as
composition of Haryana Police Welfare Association, its funding
. Let an affidavit in this regard, be filed
by the Director General of Police, Haryana, explaining therein,
the status of Haryana Police Welfare Association, its funding
affidavit dated 12.11.2025, was
Sports Society was
, a
, under the
Further, to
established, three
funds, i.e. Haryana Police Welfare Fund, Haryana Police Education
The
, are members
of the said Society, and are required to pay one time membership fee, as
funds.
contribution from
welfare
ontribution
te Government in certain years to augment the
resources of the Society for carrying out welfare activities
the
composition of the Governing Body of the Society, which reads as
CWP-27949
CWP-22121
Sr. No.
1.
2.
3.
4.
5.
Submissions
14)
matter at hand is squarely covered by the
Ser. Coop. Bank Ltd. and others Vs. State of Kerala and others, 2013
(16) SCC 82
that subsidies, grants, exemptions, or privileges, such as provision of
land, do not, by themselves, amount to ‘substantial financing’
purpose of Section 2 (h) of the Act.
be so substantial that ‘without such fundin
to exist’,
However, t
substantially financed
indirectly,
Authority. While referring to the twin tests
(supra), i.e.
asserted that
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“6.Administration of the Society: The funds of the
Society are administered by the Governing Body of the Society.
The composition of the Governing Body is as under:
Sr. No. Members & Office Bearers
President Director General of Police, Haryana.
Vide Presidents (3) 1. ADGP/HR & Litigation or Head of
the Welfare Branch.
2. ADGP/Admin. Or any Senior Officer
to be nominated by the DGP Haryana.
3. IGP/CID Haryana/Chief
wing.
General Secretary IGP/In
officer to be nominated by DGP
Haryana.
Joint Secretary AIG/Welfare
Member AIG/Administration
Submissions on behalf of the Petitioners
Learned Senior counsel, predominantly,
matter at hand is squarely covered by the
. Coop. Bank Ltd. and others Vs. State of Kerala and others, 2013
(16) SCC 82, wherein, the Hon’ble Supreme Court
subsidies, grants, exemptions, or privileges, such as provision of
land, do not, by themselves, amount to ‘substantial financing’
purpose of Section 2 (h) of the Act. In the event,
be so substantial that ‘without such fundin
, such a body may fall within the ambit of a ‘Public Authority’.
However, the petitioner-School is neither owned, controlled, nor
substantially financed/funded by the State Government,
, therefore, it does not fall within the ambit of the Public
Authority. While referring to the twin tests
, i.e. (a) substantial financing; and
asserted that the instant matter does not satisfy
6.Administration of the Society: The funds of the
are administered by the Governing Body of the Society.
The composition of the Governing Body is as under:-
Members & Office Bearers
Director General of Police, Haryana.
1. ADGP/HR & Litigation or Head of
the Welfare Branch.
2. ADGP/Admin. Or any Senior Officer
to be nominated by the DGP Haryana.
3. IGP/CID Haryana/Chief of State CID
IGP/In-charge of Welfare Branch or any
officer to be nominated by DGP
Haryana.
AIG/Welfare
AIG/Administration
on behalf of the Petitioners:
predominantly, submitted that the
matter at hand is squarely covered by the law laid down in Thalappalam
. Coop. Bank Ltd. and others Vs. State of Kerala and others, 2013
, wherein, the Hon’ble Supreme Court has categorically held
subsidies, grants, exemptions, or privileges, such as provision of
land, do not, by themselves, amount to ‘substantial financing’ for the
In the event, the funding is shown to
be so substantial that ‘without such funding the institution would struggle
such a body may fall within the ambit of a ‘Public Authority’.
School is neither owned, controlled, nor
by the State Government, either directly or
, it does not fall within the ambit of the Public
Authority. While referring to the twin tests, as laid down in the decision
a) substantial financing; and (b) substantial control, he
satisfy the said test.
6.Administration of the Society: The funds of the
are administered by the Governing Body of the Society.
submitted that the
Thalappalam
. Coop. Bank Ltd. and others Vs. State of Kerala and others, 2013
has categorically held
subsidies, grants, exemptions, or privileges, such as provision of
for the
the funding is shown to
g the institution would struggle
such a body may fall within the ambit of a ‘Public Authority’.
School is neither owned, controlled, nor
directly or
, it does not fall within the ambit of the Public
laid down in the decision
b) substantial control, he
CWP-27949
CWP-22121
15)
element
constructed upon a three acre land, which has been leased out by the
Haryana Police Department, and th
funds of Haryana Police Welfare Fund.
counsel, w
learned Single Bench of this Court in
Vs. State
that, albeit
Government to a hospital
substantially funded to declare
was put to judicial scrutiny in an intra
2017. Delving deep into the legal proposition, the Hon’ble Division
Bench held that the appellant failed to demonstrate, as to how the
institution was substantially funded, regularly financed, or subjected to
such State control, as would amount to substantial control over its
management or affairs.
dated 29.01.2018, was dismissed.
16)
reliance was also placed upon
Coordinate Bench of this Court, disposed of two writ petitions, lead case
being CWP
House Building Societies Limited Vs.
Commission, Punjab),
the HOUSFED, and not more than 1% in the Cooperative Bank
27949-2019 (O&M)
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However, learned Senior counsel conceded that the
which relates to the Government,
constructed upon a three acre land, which has been leased out by the
Haryana Police Department, and the building was constructed from the
funds of Haryana Police Welfare Fund.
while referring to a decision dated
learned Single Bench of this Court in CWP
Vs. State Information Commissioner, Punjab and others
, albeit 12 acres of government land
Government to a hospital therein, but that was not found to be
substantially funded to declare it, a Public Authority. The said decision
was put to judicial scrutiny in an intra-court appeal, i.e.
Delving deep into the legal proposition, the Hon’ble Division
Bench held that the appellant failed to demonstrate, as to how the
ion was substantially funded, regularly financed, or subjected to
such State control, as would amount to substantial control over its
management or affairs. As a natural consequence, the appeal, vide order
dated 29.01.2018, was dismissed.
In an endeavour to further build the case of the petitioners,
reliance was also placed upon an order dated 09.01.2025, vide which, a
Coordinate Bench of this Court, disposed of two writ petitions, lead case
CWP-13580-2015 (The Punjab State Federation of Cooperative
House Building Societies Limited Vs.
Commission, Punjab), on the ground that State had only invested 21% in
the HOUSFED, and not more than 1% in the Cooperative Bank
However, learned Senior counsel conceded that the only
which relates to the Government, is that the School is
constructed upon a three acre land, which has been leased out by the
e building was constructed from the
funds of Haryana Police Welfare Fund. In this regard, learned Senior
referring to a decision dated 04.11.2016, drawn by the
CWP-22748-2016 (Paramjit Singh
Information Commissioner, Punjab and others), contended
land was leased out by the Punjab
, but that was not found to be
a Public Authority. The said decision
court appeal, i.e. LPA No. 1136-
Delving deep into the legal proposition, the Hon’ble Division
Bench held that the appellant failed to demonstrate, as to how the
ion was substantially funded, regularly financed, or subjected to
such State control, as would amount to substantial control over its
As a natural consequence, the appeal, vide order
further build the case of the petitioners,
an order dated 09.01.2025, vide which, a
Coordinate Bench of this Court, disposed of two writ petitions, lead case
2015 (The Punjab State Federation of Cooperative
House Building Societies Limited Vs. The State Information
on the ground that State had only invested 21% in
the HOUSFED, and not more than 1% in the Cooperative Bank therein,
only
is that the School is
constructed upon a three acre land, which has been leased out by the
e building was constructed from the
learned Senior
the
t Singh
contended
was leased out by the Punjab
, but that was not found to be
a Public Authority. The said decision
-
Delving deep into the legal proposition, the Hon’ble Division
Bench held that the appellant failed to demonstrate, as to how the
ion was substantially funded, regularly financed, or subjected to
such State control, as would amount to substantial control over its
As a natural consequence, the appeal, vide order
further build the case of the petitioners,
an order dated 09.01.2025, vide which, a
Coordinate Bench of this Court, disposed of two writ petitions, lead case
2015 (The Punjab State Federation of Cooperative
he State Information
on the ground that State had only invested 21% in
,
CWP-27949
CWP-22121
which is not
Public Authority.
the impugned order
Counter on behalf of the State
17)
protect the legality of the
land, upon which the petitioner
Police Department
substantially financed
circumstances, respondent No.1
petitioner
no interference
Analysis
18)
order to
expedient to
expressions/
Government
information’
hereinbelow
27949-2019 (O&M)
22121-2024 (O&M) -9-
is not good enough to declare the petitioner
Public Authority. He put his submissions at rest, and prayed for quashing
the impugned order.
Counter on behalf of the State
Learned State counsel-respondents No.1 and 3, in a bid to
protect the legality of the impugned order
land, upon which the petitioner-School exists, is leased out by the State
Police Department, Haryana. Therefore, the School, indeed, is
substantially financed/funded by the State Gov
circumstances, respondent No.1 committed no error of law in holding
-School a Pubic Authority. Hence, the impugned order
no interference.
Before embarking upon the abovesaid rival submissions
to evaluate the legality of the impugned order,
expedient to advert to, and comprehend the definitions of
expressions/words, as provided under the Act, such as
Government’, ‘information’, ‘public authority’
information’. For brevity, and ready reference, the same are extracted
hereinbelow:-
“2. Definitions.—In this Act, unless the context
otherwise requires,— (a) "appropriate Government" means
in relation to a public authority which is established,
constituted, owned, controlled or substantially financed by
funds provided directly or indirectly
(i) by the Central Government or the Union territory
administration, the Central Government;
enough to declare the petitioner-Societies therein, a
He put his submissions at rest, and prayed for quashing
respondents No.1 and 3, in a bid to
order, asserted that concededly, the
School exists, is leased out by the State
. Therefore, the School, indeed, is
by the State Government. In such
committed no error of law in holding the
School a Pubic Authority. Hence, the impugned order warrants
Before embarking upon the abovesaid rival submissions, in
evaluate the legality of the impugned order, it would be
comprehend the definitions of certain key
words, as provided under the Act, such as ‘appropriate
‘information’, ‘public authority’ and ‘right to
brevity, and ready reference, the same are extracted
In this Act, unless the context
(a) "appropriate Government" means
in relation to a public authority which is established,
constituted, owned, controlled or substantially financed by
funds provided directly or indirectly—
e Central Government or the Union territory
administration, the Central Government;
therein, a
He put his submissions at rest, and prayed for quashing
respondents No.1 and 3, in a bid to
the
School exists, is leased out by the State
. Therefore, the School, indeed, is
ernment. In such
the
warrants
in
it would be
key
appropriate
ight to
brevity, and ready reference, the same are extracted
In this Act, unless the context
(a) "appropriate Government" means
in relation to a public authority which is established,
constituted, owned, controlled or substantially financed by
e Central Government or the Union territory
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(ii) by the State Government, the State Government;
(f) 'information" means any material in any form,
including records, documents, memos, e
advices, press releases, circulars, orders, logbooks.
contracts, reports, papers, samples, models, data material
held in any electronic form and information relating to any
private body which can be accessed by a public authority
under any other law for the time bein
(h) "public authority"
or institution of self-
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;
(j) "right to information"
information accessible under this Act which is held by or
under the control of any public authority and includes the
right to—
(i) inspection of work, documents, records;
(ii) taking notes, extracts or certified copies of
documents or records;
(iii) taking certified samples of material;
(iv) obtaining information in the form of diskettes,
floppies, tapes, video cassettes or in any other electronic
mode or through printouts where such information is stored
in a computer or in any other device;
(ii) by the State Government, the State Government;
means any material in any form,
including records, documents, memos, e-rnails, opinions,
ess releases, circulars, orders, logbooks.
contracts, reports, papers, samples, models, data material
held in any electronic form and information relating to any
private body which can be accessed by a public authority
under any other law for the time being in force;
(h) "public authority" means any authority or body
government established or
(a) by or under the Constitution;
(b) by any other law made by Parliament;
(c) by any other law made by State Legislature;
) by notification issued or order made by the
appropriate Government, and includes any—
(i) body owned, controlled or substantially financed;
Government organisation substantially
financed, directly or indirectly by funds provided by the
) "right to information" means the right to
information accessible under this Act which is held by or
under the control of any public authority and includes the
(i) inspection of work, documents, records;
(ii) taking notes, extracts or certified copies of
(iii) taking certified samples of material;
(iv) obtaining information in the form of diskettes,
floppies, tapes, video cassettes or in any other electronic
uts where such information is stored
in a computer or in any other device;”
(ii) by the State Government, the State Government;
means any material in any form,
rnails, opinions,
ess releases, circulars, orders, logbooks.
contracts, reports, papers, samples, models, data material
held in any electronic form and information relating to any
private body which can be accessed by a public authority
means any authority or body
government established or
) by notification issued or order made by the
(i) body owned, controlled or substantially financed;
Government organisation substantially
financed, directly or indirectly by funds provided by the
means the right to
information accessible under this Act which is held by or
under the control of any public authority and includes the
(ii) taking notes, extracts or certified copies of
(iv) obtaining information in the form of diskettes,
floppies, tapes, video cassettes or in any other electronic
uts where such information is stored
CWP-27949
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19)
means in relation to a public authority, which is established, constituted,
owned, controlled or substantially financ
indirectly by the Central Government or by the State Government
case may be
principal
under the
Public Authority or not
20)
a body, institution or organization, which is neither a
meaning of Article 12 of the Con
still answer the definition of Public Authority, as defined under Section 2
(h)d (i) or (ii). It was further
deals with bodies which are owned, controlled or substantially fi
directly or indirectly, by funds provided by the appropriate government
and also non
indirectly, by funds provided by the appropriate government.
the definition of expression
the control by the appropriate government must be a control of a
substantial nature. The mere ‘supervision’ or ‘regulation’ as such by a
statute or otherwise of a body would not make that body a “public
authority”
21)
financed’ of utmost importance, the Hon’ble Supreme Court examined
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So far as the ‘appropriate Government’ is concerned,
in relation to a public authority, which is established, constituted,
owned, controlled or substantially financed by funds provided directly or
indirectly by the Central Government or by the State Government
case may be. In Thalappalam Ser. Coop. Bank Ltd. (supra),
issue was, as to whether, a Cooperative Society
the Kerala Cooperative Society Act, 1969
Public Authority or not?
Adverting to the issue, the Hon’ble Supreme Court
a body, institution or organization, which is neither a
meaning of Article 12 of the Constitution or its instrumentalities, may
still answer the definition of Public Authority, as defined under Section 2
(h)d (i) or (ii). It was further opined that
deals with bodies which are owned, controlled or substantially fi
directly or indirectly, by funds provided by the appropriate government
and also non-government organizations substantially financed, directly or
indirectly, by funds provided by the appropriate government.
definition of expression ‘control’, it was noted down
the control by the appropriate government must be a control of a
substantial nature. The mere ‘supervision’ or ‘regulation’ as such by a
statute or otherwise of a body would not make that body a “public
authority” within the meaning of Section 2(h)(d)(i) of the Act.
At this juncture, finding the expression, ‘substantial
’ of utmost importance, the Hon’ble Supreme Court examined
‘appropriate Government’ is concerned, it
in relation to a public authority, which is established, constituted,
ed by funds provided directly or
indirectly by the Central Government or by the State Government, as the
Thalappalam Ser. Coop. Bank Ltd. (supra), the
as to whether, a Cooperative Society, registered
Kerala Cooperative Society Act, 1969, could be said to be a
the Hon’ble Supreme Court held that
a body, institution or organization, which is neither a State within the
stitution or its instrumentalities, may
still answer the definition of Public Authority, as defined under Section 2
that the Right to Information Act
deals with bodies which are owned, controlled or substantially financed,
directly or indirectly, by funds provided by the appropriate government
government organizations substantially financed, directly or
indirectly, by funds provided by the appropriate government. Moving to
, it was noted down, to mean that
the control by the appropriate government must be a control of a
substantial nature. The mere ‘supervision’ or ‘regulation’ as such by a
statute or otherwise of a body would not make that body a “public
within the meaning of Section 2(h)(d)(i) of the Act.
At this juncture, finding the expression, ‘substantially
’ of utmost importance, the Hon’ble Supreme Court examined
it
in relation to a public authority, which is established, constituted,
ed by funds provided directly or
, as the
the
registered
a
held that
tate within the
stitution or its instrumentalities, may
still answer the definition of Public Authority, as defined under Section 2
the Right to Information Act
nanced,
directly or indirectly, by funds provided by the appropriate government
government organizations substantially financed, directly or
Moving to
to mean that
the control by the appropriate government must be a control of a
substantial nature. The mere ‘supervision’ or ‘regulation’ as such by a
statute or otherwise of a body would not make that body a “public
ly
’ of utmost importance, the Hon’ble Supreme Court examined
CWP-27949
CWP-22121
the same in extenso, and held that merely providing subsidiaries, grants
exemptions, privileges etc.
funding to a substantial extent, unless the record shows that the funding
was so substantial to the body which practically runs by such funding and
but for such funding, it would struggl
made by the Hon’ble Supreme Court in
Ltd. (supra
hereinbelow:
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the same in extenso, and held that merely providing subsidiaries, grants
exemptions, privileges etc., as such cannot be said to be providing
funding to a substantial extent, unless the record shows that the funding
was so substantial to the body which practically runs by such funding and
but for such funding, it would struggle to exist. The relevant observations
by the Hon’ble Supreme Court in
Ltd. (supra), in context of the matter under consideration, are extracted
hereinbelow:-
34. We are of the opinion that when we test the meaning of
expression “controlled” which figures in between the words
“body owned” and “substantially financed”, the control by the
appropriate government must be a control of a substantial
nature. The mere ‘supervision’ or ‘regulation’ as such by a
statute or otherwise of a body would not make that body a
“public authority” within the meaning of Section 2(h)(d)(i) of the
RTI Act. In other words just like a body owned or body
substantially financed by the appr
control of the body by the appropriate government would also be
substantial and not merely supervisory or regulatory. Powers
exercised by the Registrar of Cooperative Societies and others
under the Cooperative Societies Act are only
supervisory in nature, which will not amount to dominating or
interfering with the management or affairs of the society so as to
be controlled. Management and control are statutorily conferred
on the Management Committee or the Board of Dire
Society by the respective Cooperative Societies Act and not on
the authorities under the Co-operative Societies Act.
SUBSTANTIALLY FINANCED
36. The words “substantially financed” have been used in
Sections 2(h)(d)(i) & (ii), while defining the expression public
authority as well as in Section 2(a) of the Act, while defining the
expression “appropriate Government”. A body can be
the same in extenso, and held that merely providing subsidiaries, grants,
cannot be said to be providing
funding to a substantial extent, unless the record shows that the funding
was so substantial to the body which practically runs by such funding and
e to exist. The relevant observations
by the Hon’ble Supreme Court in Thalappalam Ser. Coop. Bank
in context of the matter under consideration, are extracted
34. We are of the opinion that when we test the meaning of
expression “controlled” which figures in between the words
“body owned” and “substantially financed”, the control by the
appropriate government must be a control of a substantial
supervision’ or ‘regulation’ as such by a
statute or otherwise of a body would not make that body a
“public authority” within the meaning of Section 2(h)(d)(i) of the
RTI Act. In other words just like a body owned or body
substantially financed by the appropriate government, the
control of the body by the appropriate government would also be
substantial and not merely supervisory or regulatory. Powers
exercised by the Registrar of Cooperative Societies and others
under the Cooperative Societies Act are only regulatory or
supervisory in nature, which will not amount to dominating or
interfering with the management or affairs of the society so as to
be controlled. Management and control are statutorily conferred
on the Management Committee or the Board of Directors of the
Society by the respective Cooperative Societies Act and not on
operative Societies Act.
SUBSTANTIALLY FINANCED
36. The words “substantially financed” have been used in
(ii), while defining the expression public
authority as well as in Section 2(a) of the Act, while defining the
expression “appropriate Government”. A body can be
,
cannot be said to be providing
funding to a substantial extent, unless the record shows that the funding
was so substantial to the body which practically runs by such funding and
e to exist. The relevant observations
Thalappalam Ser. Coop. Bank
in context of the matter under consideration, are extracted
34. We are of the opinion that when we test the meaning of
expression “controlled” which figures in between the words
“body owned” and “substantially financed”, the control by the
appropriate government must be a control of a substantial
supervision’ or ‘regulation’ as such by a
statute or otherwise of a body would not make that body a
“public authority” within the meaning of Section 2(h)(d)(i) of the
RTI Act. In other words just like a body owned or body
opriate government, the
control of the body by the appropriate government would also be
substantial and not merely supervisory or regulatory. Powers
exercised by the Registrar of Cooperative Societies and others
regulatory or
supervisory in nature, which will not amount to dominating or
interfering with the management or affairs of the society so as to
be controlled. Management and control are statutorily conferred
ctors of the
Society by the respective Cooperative Societies Act and not on
36. The words “substantially financed” have been used in
(ii), while defining the expression public
authority as well as in Section 2(a) of the Act, while defining the
expression “appropriate Government”. A body can be
CWP-27949
CWP-22121
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substantially financed, directly or indirectly by funds provided by
the appropriate Government. The expression “substantially
financed”, as such, has not been defined under the Act.
“Substantial” means “in a substantial manner so as to be
substantial”. In Palser v. Grimling (1948) 1 All ER 1, 11 (HL),
while interpreting the provisions of Section 1
Mortgage Interest Restrictions Act, 1923, the House of Lords
held that “substantial” is not the same as “not unsubstantial”
i.e. just enough to avoid the de minimis principle. The word
“substantial” literally means solid, massive etc.
used the expression “substantially financed” in Sections
2(h)(d)(i) and (ii) indicating that the degree of financing must be
actual, existing, positive and real to a substantial extent, not
moderate, ordinary, tolerable etc.
37. We often use the expressions “questions of law” and
“substantial questions of law” and explain that any question of
law affecting the right of parties would not by itself be a
substantial question of law. In Black's Law Dictionary (6th
Edn.), the word 'substantial'
importance; of considerable value; valuable. Belonging to
substance; actually existing; real: not seeming or imaginary; not
illusive; solid; true; veritable. Something worthwhile as
distinguished from something without val
Synonymous with material.' The word 'substantially' has been
defined to mean 'essentially; without material qualification; in
the main; in substance; materially.' In the Shorter Oxford
English Dictionary (5th Edn.), the word 'substant
ample or considerable amount of size; sizeable, fairly large;
having solid worth or value, of real significance; sold; weighty;
important, worthwhile; of an act, measure etc. having force or
effect, effective, thorough.' The word 'substantia
defined to mean 'in substance; as a substantial thing or being;
essentially, intrinsically.' Therefore the word 'substantial' is not
synonymous with 'dominant' or 'majority'. It is closer to
'material' or 'important' or 'of considerable value
substantially financed, directly or indirectly by funds provided by
t. The expression “substantially
financed”, as such, has not been defined under the Act.
“Substantial” means “in a substantial manner so as to be
substantial”. In Palser v. Grimling (1948) 1 All ER 1, 11 (HL),
while interpreting the provisions of Section 10(1) of the Rent and
Mortgage Interest Restrictions Act, 1923, the House of Lords
held that “substantial” is not the same as “not unsubstantial”
i.e. just enough to avoid the de minimis principle. The word
“substantial” literally means solid, massive etc. Legislature has
used the expression “substantially financed” in Sections
2(h)(d)(i) and (ii) indicating that the degree of financing must be
actual, existing, positive and real to a substantial extent, not
moderate, ordinary, tolerable etc.
use the expressions “questions of law” and
“substantial questions of law” and explain that any question of
law affecting the right of parties would not by itself be a
substantial question of law. In Black's Law Dictionary (6th
is defined as 'of real worth and
importance; of considerable value; valuable. Belonging to
substance; actually existing; real: not seeming or imaginary; not
illusive; solid; true; veritable. Something worthwhile as
distinguished from something without value or merely nominal.
Synonymous with material.' The word 'substantially' has been
defined to mean 'essentially; without material qualification; in
the main; in substance; materially.' In the Shorter Oxford
English Dictionary (5th Edn.), the word 'substantial' means 'of
ample or considerable amount of size; sizeable, fairly large;
having solid worth or value, of real significance; sold; weighty;
important, worthwhile; of an act, measure etc. having force or
effect, effective, thorough.' The word 'substantially' has been
defined to mean 'in substance; as a substantial thing or being;
essentially, intrinsically.' Therefore the word 'substantial' is not
synonymous with 'dominant' or 'majority'. It is closer to
'material' or 'important' or 'of considerable value.' 'Substantially'
substantially financed, directly or indirectly by funds provided by
t. The expression “substantially
financed”, as such, has not been defined under the Act.
“Substantial” means “in a substantial manner so as to be
substantial”. In Palser v. Grimling (1948) 1 All ER 1, 11 (HL),
0(1) of the Rent and
Mortgage Interest Restrictions Act, 1923, the House of Lords
held that “substantial” is not the same as “not unsubstantial”
i.e. just enough to avoid the de minimis principle. The word
Legislature has
used the expression “substantially financed” in Sections
2(h)(d)(i) and (ii) indicating that the degree of financing must be
actual, existing, positive and real to a substantial extent, not
use the expressions “questions of law” and
“substantial questions of law” and explain that any question of
law affecting the right of parties would not by itself be a
substantial question of law. In Black's Law Dictionary (6th
is defined as 'of real worth and
importance; of considerable value; valuable. Belonging to
substance; actually existing; real: not seeming or imaginary; not
illusive; solid; true; veritable. Something worthwhile as
ue or merely nominal.
Synonymous with material.' The word 'substantially' has been
defined to mean 'essentially; without material qualification; in
the main; in substance; materially.' In the Shorter Oxford
ial' means 'of
ample or considerable amount of size; sizeable, fairly large;
having solid worth or value, of real significance; sold; weighty;
important, worthwhile; of an act, measure etc. having force or
lly' has been
defined to mean 'in substance; as a substantial thing or being;
essentially, intrinsically.' Therefore the word 'substantial' is not
synonymous with 'dominant' or 'majority'. It is closer to
.' 'Substantially'
CWP-27949
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is closer to 'essentially'. Both words can signify varying degrees
depending on the context.
38. Merely providing subsidiaries, grants, exemptions,
privileges etc., as such, cannot be said to be providing funding to
a substantial extent, unless the record shows that the funding was
so substantial to the body which practically runs by such funding
and but for such funding, it would struggle to exist. The State
may also float many schemes generally for the betterment and
welfare of the cooperative sector like deposit guarantee scheme,
scheme of assistance from NABARD etc., but those facilities or
assistance cannot be termed as “substantially financed” by the
State Government to bring the body within the fold of “public
authority” under Section 2(h)(d)(i) of the Act. But, there are
instances, where private educational institutions getting ninety
five per cent grant-in-aid from the appropriate government, may
answer the definition of public authority under Section 2(h)(d)(i).
NON-GOVERNMENT ORGANISATIONS
39. The term “Non-Government Organizations” (NGO),
as such, is not defined under the Act. But, over a period of time,
the expression has got its own meaning and, it has to be seen in
that context, when used in the Act. Government used to finance
substantially, several non-government organizations, which
carry on various social and welfare activities, since those
organizations sometimes carry on functions which are otherwise
governmental. Now, the question, whether an NGO has been
substantially financed or not by
may be a question of fact, to be examined by the authorities
concerned under the RTI Act. Such organization can be
substantially financed either directly or indirectly by funds
provided by the appropriate Government. Government
have any statutory control over the NGOs, as such, still it can be
established that a particular NGO has been substantially
financed directly or indirectly by the funds provided by the
appropriate Government, in such an event, that organization
will fall within the scope of Section 2(h)(d)(ii) of the RTI Act.
is closer to 'essentially'. Both words can signify varying degrees
38. Merely providing subsidiaries, grants, exemptions,
privileges etc., as such, cannot be said to be providing funding to
t, unless the record shows that the funding was
so substantial to the body which practically runs by such funding
and but for such funding, it would struggle to exist. The State
may also float many schemes generally for the betterment and
operative sector like deposit guarantee scheme,
scheme of assistance from NABARD etc., but those facilities or
assistance cannot be termed as “substantially financed” by the
State Government to bring the body within the fold of “public
tion 2(h)(d)(i) of the Act. But, there are
instances, where private educational institutions getting ninety
aid from the appropriate government, may
answer the definition of public authority under Section 2(h)(d)(i).
ORGANISATIONS:
Government Organizations” (NGO),
as such, is not defined under the Act. But, over a period of time,
the expression has got its own meaning and, it has to be seen in
that context, when used in the Act. Government used to finance
government organizations, which
carry on various social and welfare activities, since those
organizations sometimes carry on functions which are otherwise
governmental. Now, the question, whether an NGO has been
substantially financed or not by the appropriate Government,
may be a question of fact, to be examined by the authorities
concerned under the RTI Act. Such organization can be
substantially financed either directly or indirectly by funds
provided by the appropriate Government. Government may not
have any statutory control over the NGOs, as such, still it can be
established that a particular NGO has been substantially
financed directly or indirectly by the funds provided by the
appropriate Government, in such an event, that organization
ill fall within the scope of Section 2(h)(d)(ii) of the RTI Act.
is closer to 'essentially'. Both words can signify varying degrees
38. Merely providing subsidiaries, grants, exemptions,
privileges etc., as such, cannot be said to be providing funding to
t, unless the record shows that the funding was
so substantial to the body which practically runs by such funding
and but for such funding, it would struggle to exist. The State
may also float many schemes generally for the betterment and
operative sector like deposit guarantee scheme,
scheme of assistance from NABARD etc., but those facilities or
assistance cannot be termed as “substantially financed” by the
State Government to bring the body within the fold of “public
tion 2(h)(d)(i) of the Act. But, there are
instances, where private educational institutions getting ninety
aid from the appropriate government, may
answer the definition of public authority under Section 2(h)(d)(i).
Government Organizations” (NGO),
as such, is not defined under the Act. But, over a period of time,
the expression has got its own meaning and, it has to be seen in
that context, when used in the Act. Government used to finance
government organizations, which
carry on various social and welfare activities, since those
organizations sometimes carry on functions which are otherwise
governmental. Now, the question, whether an NGO has been
the appropriate Government,
may be a question of fact, to be examined by the authorities
concerned under the RTI Act. Such organization can be
substantially financed either directly or indirectly by funds
may not
have any statutory control over the NGOs, as such, still it can be
established that a particular NGO has been substantially
financed directly or indirectly by the funds provided by the
appropriate Government, in such an event, that organization
ill fall within the scope of Section 2(h)(d)(ii) of the RTI Act.
CWP-27949
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22)
categories depicted in Section 2(h) of the Act exhaust themselves. Thus,
there is no question of adopting any such construction liberally to the
expression, ‘Public Authority’, to bring any other categories into its fold
which do not satisfy the test laid down in this regard
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Consequently, even private organizations which are, though not
owned or controlled but substantially financed by the
appropriate Government will also fall within the definition of
“public authority” under Section 2(h)(d)(ii) of the Act.
The Hon’ble Supreme Court has categorically held that the
categories depicted in Section 2(h) of the Act exhaust themselves. Thus,
there is no question of adopting any such construction liberally to the
expression, ‘Public Authority’, to bring any other categories into its fold
which do not satisfy the test laid down in this regard
“43. We are of the view that the High Court has given a
complete go-bye to the above-mentioned statutory principles and
gone at a tangent by mis-interpreting the meaning and content of
Section 2(h) of the RTI Act. Court has given a liberal
construction to expression “public authority” under Section 2(h)
of the Act, bearing in mind the “transformation of law” and its
“ultimate object” i.e. to achieve “transparency and
accountability”, which according to the court could alone
advance the objective of the Act.
also opined that RTI Act will certainly help as a protection
against the mismanagement of the society by the managing
committee and the society’s liabilities and that vigilant members
of the public body by obtaining information
will be able to detect and prevent mismanagement in time. In our
view, the categories mentioned in Section 2(h) of the Act exhaust
themselves, hence, there is no question of adopting a liberal
construction to the expression “public aut
other categories into its fold, which do not satisfy the tests we
have laid down. Court cannot, when language is clear and
unambiguous, adopt such a construction which, according to the
Court, would only advance the objective of the Act
aware of the opening part of the definition clause which states
“unless the context otherwise requires”. No materials have been
made available to show that the cooperative societies, with which
Consequently, even private organizations which are, though not
owned or controlled but substantially financed by the
appropriate Government will also fall within the definition of
hority” under Section 2(h)(d)(ii) of the Act.”
The Hon’ble Supreme Court has categorically held that the
categories depicted in Section 2(h) of the Act exhaust themselves. Thus,
there is no question of adopting any such construction liberally to the
expression, ‘Public Authority’, to bring any other categories into its fold
which do not satisfy the test laid down in this regard:-
43. We are of the view that the High Court has given a
mentioned statutory principles and
interpreting the meaning and content of
Section 2(h) of the RTI Act. Court has given a liberal
xpression “public authority” under Section 2(h)
of the Act, bearing in mind the “transformation of law” and its
“ultimate object” i.e. to achieve “transparency and
accountability”, which according to the court could alone
advance the objective of the Act. Further, the High Court has
also opined that RTI Act will certainly help as a protection
against the mismanagement of the society by the managing
committee and the society’s liabilities and that vigilant members
of the public body by obtaining information through the RTI Act,
will be able to detect and prevent mismanagement in time. In our
view, the categories mentioned in Section 2(h) of the Act exhaust
themselves, hence, there is no question of adopting a liberal
construction to the expression “public authority” to bring in
other categories into its fold, which do not satisfy the tests we
have laid down. Court cannot, when language is clear and
unambiguous, adopt such a construction which, according to the
Court, would only advance the objective of the Act. We are also
aware of the opening part of the definition clause which states
“unless the context otherwise requires”. No materials have been
made available to show that the cooperative societies, with which
Consequently, even private organizations which are, though not
owned or controlled but substantially financed by the
appropriate Government will also fall within the definition of
The Hon’ble Supreme Court has categorically held that the
categories depicted in Section 2(h) of the Act exhaust themselves. Thus,
there is no question of adopting any such construction liberally to the
expression, ‘Public Authority’, to bring any other categories into its fold
43. We are of the view that the High Court has given a
mentioned statutory principles and
interpreting the meaning and content of
Section 2(h) of the RTI Act. Court has given a liberal
xpression “public authority” under Section 2(h)
of the Act, bearing in mind the “transformation of law” and its
“ultimate object” i.e. to achieve “transparency and
accountability”, which according to the court could alone
Further, the High Court has
also opined that RTI Act will certainly help as a protection
against the mismanagement of the society by the managing
committee and the society’s liabilities and that vigilant members
through the RTI Act,
will be able to detect and prevent mismanagement in time. In our
view, the categories mentioned in Section 2(h) of the Act exhaust
themselves, hence, there is no question of adopting a liberal
hority” to bring in
other categories into its fold, which do not satisfy the tests we
have laid down. Court cannot, when language is clear and
unambiguous, adopt such a construction which, according to the
. We are also
aware of the opening part of the definition clause which states
“unless the context otherwise requires”. No materials have been
made available to show that the cooperative societies, with which
CWP-27949
CWP-22121
23)
the burden
Authority
applicant, who seeks information from the information Commission. In
this regard, the Hon’ble Supreme Court holds, as thus:
Trust (supra),
to whether
Management
evaluating the definition of Public Authority
conclusively
definition clause contains
these words must be given the emphasis required
override the other. Elaborating the connotation further, it has been held
27949-2019 (O&M)
22121-2024 (O&M) -16-
we are concerned, in the context of the Act, wo
definition of Section 2(h) of the Act.”
The next issue, which assumes significance, is with regard to
the burden to establish that a body falls within the ambit of a Public
Authority. Suffice it to say, the onus always lies
applicant, who seeks information from the information Commission. In
this regard, the Hon’ble Supreme Court holds, as thus:
“40. The burden to show that a body is owned, controlled
or substantially financed or that a non
is substantially financed directly or indirectly by the funds
provided by the appropriate Government is on the applicant who
seeks information or the appropriate Government and can be
examined by the State Information Commission or the Central
Information Commission as the case may be, when the question
comes up for consideration. A body or NGO is also free to
establish that it is not owned, controlled or substantially financed
directly or indirectly by the appropriate Government.
Likewise, the Hon’ble Supreme Court in
Trust (supra), was put in a situation to consider and answer the
whether, the colleges run by the D.A.V. College Trust and
Management Society, are amenable to the Public Authority.
evaluating the definition of Public Authority
conclusively respond to the issue, it has been held
definition clause contains the words ‘means and includes’ then both
these words must be given the emphasis required
override the other. Elaborating the connotation further, it has been held
we are concerned, in the context of the Act, would fall within the
definition of Section 2(h) of the Act.”
The next issue, which assumes significance, is with regard to
establish that a body falls within the ambit of a Public
always lies upon the shoulder of the
applicant, who seeks information from the information Commission. In
this regard, the Hon’ble Supreme Court holds, as thus:-
40. The burden to show that a body is owned, controlled
or substantially financed or that a non-government organization
is substantially financed directly or indirectly by the funds
provided by the appropriate Government is on the applicant who
seeks information or the appropriate Government and can be
examined by the State Information Commission or the Central
Information Commission as the case may be, when the question
comes up for consideration. A body or NGO is also free to
establish that it is not owned, controlled or substantially financed
directly or indirectly by the appropriate Government.”
Likewise, the Hon’ble Supreme Court in D.A.V. College
put in a situation to consider and answer the issue, as
the colleges run by the D.A.V. College Trust and
, are amenable to the Public Authority. While
evaluating the definition of Public Authority, in toto, so as to
the issue, it has been held that when the
‘means and includes’ then both
these words must be given the emphasis required and one word cannot
override the other. Elaborating the connotation further, it has been held
uld fall within the
The next issue, which assumes significance, is with regard to
establish that a body falls within the ambit of a Public
he shoulder of the
applicant, who seeks information from the information Commission. In
40. The burden to show that a body is owned, controlled
rganization
is substantially financed directly or indirectly by the funds
provided by the appropriate Government is on the applicant who
seeks information or the appropriate Government and can be
examined by the State Information Commission or the Central
Information Commission as the case may be, when the question
comes up for consideration. A body or NGO is also free to
establish that it is not owned, controlled or substantially financed
D.A.V. College
as
the colleges run by the D.A.V. College Trust and
While
, so as to
that when the
‘means and includes’ then both
cannot
override the other. Elaborating the connotation further, it has been held
CWP-27949
CWP-22121
that words
first part. The second part of the definition is an inclusive clause which
indicates the
mentioned in clauses (a) to (d) of Section 2(h).
recorded in the judgment read as under:
27949-2019 (O&M)
22121-2024 (O&M) -17-
that words ‘and includes any’, expand the definition as compared to the
first part. The second part of the definition is an inclusive clause which
indicates the intention of the Legislature to cover bodies other than those
mentioned in clauses (a) to (d) of Section 2(h).
recorded in the judgment read as under:-
“8. It is a well settled statutory rule of
interpretation that when in the
given to certain words then that meaning alone will have to be
given to those words. However, when the definition clause
contains the words ‘means and includes’ then both these words
must be given the emphasis required and o
override the other.
10. It is thus clear that the word ‘means’ indicates that
the definition is exhaustive and complete. It is a hard and fast
definition and no other meaning can be given to it. On the other
hand, the word ‘includes’ enla
The word ‘includes’ is used to signify that beyond the meaning
given in the definition clause, other matters may be included
keeping in view the nature of the language and object of the
provision. In P. Kasilingam’
and includes’ has been used but in the present case the word
‘means’ has been used in the first part of sub
Section 2 whereas the word ‘includes’ has been used in the
second part of the said Section. They have not b
together.
15. If we analyse Section 2(h) carefully it is obvious that
the first part of Section 2(h) relates to authorities, bodies or
institutions of self-government established or constituted (a)
under the Constitution; (b) by any law of Parli
law of State Legislature or (d) by notification made by the
appropriate Government. There is no dispute with regard to
clauses (a) to (c). As far as clause (d) is concerned it was
contended on behalf of the appellants that unless a noti
is issued notifying that an authority, body or institution of
‘and includes any’, expand the definition as compared to the
first part. The second part of the definition is an inclusive clause which
intention of the Legislature to cover bodies other than those
mentioned in clauses (a) to (d) of Section 2(h). The relevant observations
It is a well settled statutory rule of
the definition clause a meaning is
given to certain words then that meaning alone will have to be
given to those words. However, when the definition clause
contains the words ‘means and includes’ then both these words
must be given the emphasis required and one word cannot
It is thus clear that the word ‘means’ indicates that
the definition is exhaustive and complete. It is a hard and fast
definition and no other meaning can be given to it. On the other
hand, the word ‘includes’ enlarges the scope of the expression.
The word ‘includes’ is used to signify that beyond the meaning
given in the definition clause, other matters may be included
nature of the language and object of the
’s case (supra) the words ‘means
and includes’ has been used but in the present case the word
‘means’ has been used in the first part of subsection (h) of
Section 2 whereas the word ‘includes’ has been used in the
second part of the said Section. They have not been used
If we analyse Section 2(h) carefully it is obvious that
the first part of Section 2(h) relates to authorities, bodies or
government established or constituted (a)
under the Constitution; (b) by any law of Parliament; (c) by any
law of State Legislature or (d) by notification made by the
appropriate Government. There is no dispute with regard to
clauses (a) to (c). As far as clause (d) is concerned it was
contended on behalf of the appellants that unless a notification
is issued notifying that an authority, body or institution of self-
‘and includes any’, expand the definition as compared to the
first part. The second part of the definition is an inclusive clause which
intention of the Legislature to cover bodies other than those
The relevant observations
It is a well settled statutory rule of
definition clause a meaning is
given to certain words then that meaning alone will have to be
given to those words. However, when the definition clause
contains the words ‘means and includes’ then both these words
ne word cannot
It is thus clear that the word ‘means’ indicates that
the definition is exhaustive and complete. It is a hard and fast
definition and no other meaning can be given to it. On the other
rges the scope of the expression.
The word ‘includes’ is used to signify that beyond the meaning
given in the definition clause, other matters may be included
nature of the language and object of the
(supra) the words ‘means
and includes’ has been used but in the present case the word
section (h) of
Section 2 whereas the word ‘includes’ has been used in the
een used
CWP-27949
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24)
are substantially financed, directly or indirectly, by funds provided by the
appropriate government
provisions of the Act. A Society, which may not be owne
by the Government, may be an NGO
directly or indirectly
of sub-clause (ii). The observations, which cannot be skipped to take
note of, are extracted h
27949-2019 (O&M)
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government is brought within the ambit of the Act, the said Act
would not apply. We are not impressed with this argument.
The notification contemplated in clause (d) is a notifi
relating to the establishment or constitution of the body and has
nothing to do with the Act. Any authority or body or institution
of self-government, if established or constituted by a notification
of the Central Government or a State Government,
public authority within the meaning of clause (d) of Section 2(h)
of the Act.
16. We must note that after the end of clause (d) there is
a comma and a big gap and then the definition goes on to say
‘and includes any –' and thereafter the defin
“(i) body owned, controlled or substantially financed;
(ii) non-Government organisation substantially financed,
directly or indirectly by funds provided by the appropriate
Government;”
The words ‘and includes any’, in our considered view,
the definition as compared to the first part. The second part of
the definition is an inclusive clause which indicates the intention
of the Legislature to cover bodies other than those mentioned in
clauses (a) to (d) of Section 2(h).
Not only that, it has also been
are substantially financed, directly or indirectly, by funds provided by the
appropriate government, would be public authorit
provisions of the Act. A Society, which may not be owne
by the Government, may be an NGO, but if it is substantially financed
directly or indirectly, by the Government, it would fall within the ambit
clause (ii). The observations, which cannot be skipped to take
note of, are extracted hereinabelow:-
“22. Therefore, in our view, Section 2(h) deals with six
different categories and the two additional categories are
mentioned in sub clauses (i) and (ii). Any other interpretation
would make clauses (i) and (ii) totally redundant because then
is brought within the ambit of the Act, the said Act
would not apply. We are not impressed with this argument.
The notification contemplated in clause (d) is a notification
relating to the establishment or constitution of the body and has
nothing to do with the Act. Any authority or body or institution
government, if established or constituted by a notification
of the Central Government or a State Government, would be a
public authority within the meaning of clause (d) of Section 2(h)
16. We must note that after the end of clause (d) there is
a comma and a big gap and then the definition goes on to say
' and thereafter the definition reads as:
body owned, controlled or substantially financed;
Government organisation substantially financed,
directly or indirectly by funds provided by the appropriate
The words ‘and includes any’, in our considered view, expand
the definition as compared to the first part. The second part of
the definition is an inclusive clause which indicates the intention
of the Legislature to cover bodies other than those mentioned in
clauses (a) to (d) of Section 2(h).”
been articulated that NGOs, which
are substantially financed, directly or indirectly, by funds provided by the
would be public authorities amenable to the
provisions of the Act. A Society, which may not be owned or controlled
but if it is substantially financed,
by the Government, it would fall within the ambit
clause (ii). The observations, which cannot be skipped to take
22. Therefore, in our view, Section 2(h) deals with six
different categories and the two additional categories are
mentioned in sub clauses (i) and (ii). Any other interpretation
and (ii) totally redundant because then
would not apply. We are not impressed with this argument.
ich
are substantially financed, directly or indirectly, by funds provided by the
amenable to the
d or controlled
,
by the Government, it would fall within the ambit
clause (ii). The observations, which cannot be skipped to take
22. Therefore, in our view, Section 2(h) deals with six
different categories and the two additional categories are
mentioned in sub clauses (i) and (ii). Any other interpretation
and (ii) totally redundant because then
CWP-27949
CWP-22121
while examining
and it does not necessarily mean to have a major portion or more than
50%. In fact, no hard and fast rule can be imposed, so as to establish,
whether an NGO is substantially financed, directly or
has been observed
discount to any NGO, it would itself sufficient to declare substantial
financing.
Government is a
of each case:
27949-2019 (O&M)
22121-2024 (O&M) -19-
an NGO could never be covered. By specifically bringing NGOs
it is obvious that the intention of the Parliament was to include
these two categories mentioned in sub clauses (i) and (ii) in
addition to the four categories mentioned in clauses (a) to (d).
Therefore, we have no hesitation in holding that an NGO
substantially financed, directly or indirectly, by funds provided
by the appropriate government would be a public authority
amenable to the provisions of the Act.
23. NGO is not defined under the Act or any other statute
as far as we are concerned. In fact, the term NGO appears to
have been used for the first time describing an international body
which is legally constituted but nongovernmental in nature. It is
created by natural or legal entities with no participation or
representation by the Government. Even NGOs which are funded
totally or partially by the Governments essentially maintain the
NGO status by excluding Government representations in all their
organisations. In some jurisprudence, they are also referred to as
civil society organisations.
24. A society which may not be owned or controlled by the
Government, may be an NGO but if it is substantially financed
directly or indirectly by the government it w
ambit of subclause (ii).
In a somewhat similar situation
while examining the word ‘substantial’ held that it means a large portion,
and it does not necessarily mean to have a major portion or more than
50%. In fact, no hard and fast rule can be imposed, so as to establish,
whether an NGO is substantially financed, directly or
observed that, if a land in a city is given free of cost or on heavy
discount to any NGO, it would itself sufficient to declare substantial
financing. However, it is clarified that substantial financing by a
Government is a question of fact, which is to be determined in the facts
of each case:-
“26. In our view, ‘substantial’ means a large portion. It
does not necessarily have to mean a major portion or more than
50%. No hard and fast rule can be laid down in this
Substantial financing can be both direct or indirect. To give an
example, if a land in a city is
discount to hospitals, educational institutions or such other body,
this in itself could also be substantial financing.
covered. By specifically bringing NGOs
it is obvious that the intention of the Parliament was to include
these two categories mentioned in sub clauses (i) and (ii) in
ries mentioned in clauses (a) to (d).
Therefore, we have no hesitation in holding that an NGO
substantially financed, directly or indirectly, by funds provided
by the appropriate government would be a public authority
amenable to the provisions of the Act.
23. NGO is not defined under the Act or any other statute
as far as we are concerned. In fact, the term NGO appears to
have been used for the first time describing an international body
which is legally constituted but nongovernmental in nature. It is
eated by natural or legal entities with no participation or
representation by the Government. Even NGOs which are funded
totally or partially by the Governments essentially maintain the
NGO status by excluding Government representations in all their
sations. In some jurisprudence, they are also referred to as
24. A society which may not be owned or controlled by the
Government, may be an NGO but if it is substantially financed
directly or indirectly by the government it would fall within the
situation, the Hon’ble Supreme Court,
the word ‘substantial’ held that it means a large portion,
and it does not necessarily mean to have a major portion or more than
50%. In fact, no hard and fast rule can be imposed, so as to establish,
whether an NGO is substantially financed, directly or either indirectly. It
that, if a land in a city is given free of cost or on heavy
discount to any NGO, it would itself sufficient to declare substantial
However, it is clarified that substantial financing by a
question of fact, which is to be determined in the facts
26. In our view, ‘substantial’ means a large portion. It
does not necessarily have to mean a major portion or more than
50%. No hard and fast rule can be laid down in this regard.
Substantial financing can be both direct or indirect. To give an
example, if a land in a city is given free of cost or on heavy
discount to hospitals, educational institutions or such other body,
this in itself could also be substantial financing. The very
covered. By specifically bringing NGOs
it is obvious that the intention of the Parliament was to include
these two categories mentioned in sub clauses (i) and (ii) in
ries mentioned in clauses (a) to (d).
Therefore, we have no hesitation in holding that an NGO
substantially financed, directly or indirectly, by funds provided
by the appropriate government would be a public authority
23. NGO is not defined under the Act or any other statute
as far as we are concerned. In fact, the term NGO appears to
have been used for the first time describing an international body
which is legally constituted but nongovernmental in nature. It is
eated by natural or legal entities with no participation or
representation by the Government. Even NGOs which are funded
totally or partially by the Governments essentially maintain the
NGO status by excluding Government representations in all their
sations. In some jurisprudence, they are also referred to as
24. A society which may not be owned or controlled by the
Government, may be an NGO but if it is substantially financed
ould fall within the
,
the word ‘substantial’ held that it means a large portion,
and it does not necessarily mean to have a major portion or more than
50%. In fact, no hard and fast rule can be imposed, so as to establish,
It
that, if a land in a city is given free of cost or on heavy
discount to any NGO, it would itself sufficient to declare substantial
However, it is clarified that substantial financing by a
question of fact, which is to be determined in the facts
26. In our view, ‘substantial’ means a large portion. It
does not necessarily have to mean a major portion or more than
regard.
Substantial financing can be both direct or indirect. To give an
given free of cost or on heavy
discount to hospitals, educational institutions or such other body,
The very
CWP-27949
CWP-22121
25)
relevant aspects
almost half of expenditure of the Colleges/School and more than 95% of
the expenditure as regards the teaching and other staff were being
provided by the State Government,
covered within the ambit of Public Authority.
27949-2019 (O&M)
22121-2024 (O&M) -20-
establishment of such an institution, if it is dependent on the
largesse of the State in getting the land at a cheap price, would
mean that it is substantially financed. Merely because financial
contribution of the State comes down during the actu
will not by itself mean that the indirect finance given is not to be
taken into consideration. The value of the land will have to be
evaluated not only on the date of allotment but even on the date
when the question arises as to whether the sai
substantially financed.
27. Whether an NGO or body is substantially financed by
the government is a question of fact which has to be determined
on the facts of each case. There may be cases where the finance
is more than 50% but still may
financed. Supposing a small NGO which has a total capital of
Rs.10,000/gets a grant of Rs.5,000/from the Government, though
this grant may be 50%, it cannot be termed to be substantial
contribution. On the other hand, if a body
hundreds of crores of rupees as
than 50%, the same can still be termed to be substantially
financed.
28. Another aspect for determining substantial finance is
whether the body, authority or NGO can carry on i
effectively without getting finance from the Government. If its
functioning is dependent on the finances of the Government then
there can be no manner of doubt that it has to be termed as
substantially financed.
29. While interpreting the pr
deciding what is substantial finance one has to keep in mind the
provisions of the Act. This Act was enacted with the purpose of
bringing transparency in public dealings and probity in public
life. If NGOs or other bodies get
Government, we find no reason why any citizen cannot ask for
information to find out whether his/her money which has been
given to an NGO or any other body is being used for the requisite
purpose or not.”
The Hon’ble Supreme Court
aspects, and discovering that substantial payments and amount to
almost half of expenditure of the Colleges/School and more than 95% of
the expenditure as regards the teaching and other staff were being
provided by the State Government, held
within the ambit of Public Authority.
establishment of such an institution, if it is dependent on the
largesse of the State in getting the land at a cheap price, would
mean that it is substantially financed. Merely because financial
contribution of the State comes down during the actual funding,
will not by itself mean that the indirect finance given is not to be
taken into consideration. The value of the land will have to be
evaluated not only on the date of allotment but even on the date
when the question arises as to whether the said body or NGO is
27. Whether an NGO or body is substantially financed by
the government is a question of fact which has to be determined
on the facts of each case. There may be cases where the finance
is more than 50% but still may not be called substantially
financed. Supposing a small NGO which has a total capital of
Rs.10,000/gets a grant of Rs.5,000/from the Government, though
this grant may be 50%, it cannot be termed to be substantial
contribution. On the other hand, if a body or an NGO gets
hundreds of crores of rupees as grant but that amount is less
than 50%, the same can still be termed to be substantially
28. Another aspect for determining substantial finance is
whether the body, authority or NGO can carry on its activities
effectively without getting finance from the Government. If its
functioning is dependent on the finances of the Government then
there can be no manner of doubt that it has to be termed as
29. While interpreting the provisions of the Act and while
deciding what is substantial finance one has to keep in mind the
provisions of the Act. This Act was enacted with the purpose of
bringing transparency in public dealings and probity in public
other bodies get substantial finance from the
Government, we find no reason why any citizen cannot ask for
information to find out whether his/her money which has been
given to an NGO or any other body is being used for the requisite
eme Court, upon scrutinising all the
discovering that substantial payments and amount to
almost half of expenditure of the Colleges/School and more than 95% of
the expenditure as regards the teaching and other staff were being
held the petitioner therein to be
within the ambit of Public Authority.
establishment of such an institution, if it is dependent on the
largesse of the State in getting the land at a cheap price, would
mean that it is substantially financed. Merely because financial
al funding,
will not by itself mean that the indirect finance given is not to be
taken into consideration. The value of the land will have to be
evaluated not only on the date of allotment but even on the date
d body or NGO is
27. Whether an NGO or body is substantially financed by
the government is a question of fact which has to be determined
on the facts of each case. There may be cases where the finance
not be called substantially
financed. Supposing a small NGO which has a total capital of
Rs.10,000/gets a grant of Rs.5,000/from the Government, though
this grant may be 50%, it cannot be termed to be substantial
or an NGO gets
grant but that amount is less
than 50%, the same can still be termed to be substantially
28. Another aspect for determining substantial finance is
ts activities
effectively without getting finance from the Government. If its
functioning is dependent on the finances of the Government then
there can be no manner of doubt that it has to be termed as
ovisions of the Act and while
deciding what is substantial finance one has to keep in mind the
provisions of the Act. This Act was enacted with the purpose of
bringing transparency in public dealings and probity in public
substantial finance from the
Government, we find no reason why any citizen cannot ask for
information to find out whether his/her money which has been
given to an NGO or any other body is being used for the requisite
pon scrutinising all the
discovering that substantial payments and amount to
almost half of expenditure of the Colleges/School and more than 95% of
the expenditure as regards the teaching and other staff were being
be
CWP-27949
CWP-22121
26)
the proposition of law,
expressions/words
to be analysed
basic structure of the petitioner
27)
available on this aspect, reveals that the petitioner
of a Memorandum of Understanding
Police Department
D.A.V. College
D.A.V. Society, on the request of the State Police, agreed to establ
administer and run the School with the help of Police Department
terms and conditions recited in the MoU
conditions
provide a certificate that the School has been sponsored and is fully
financed by the Police Department, but its management and
administration have been handed over to the DAV College Managing
Committee, New Delhi.
that the Police Department would ensure that the contribution of Schoo
share to Provident Fund, Gratuity, Leave Encashment and other benefits
maintained by the Management
College Managing Committee, regularly each month
incorporated in the annual budget.
of land by t
along with properly constructed, unique and hazard
27949-2019 (O&M)
22121-2024 (O&M) -21-
On the anvil of the abovesaid
proposition of law, including the definitions
expressions/words, the order impugned in the petition at hand
analysed. But, before that, it would be expedient to
basic structure of the petitioner-School.
A bare perusal of the material
available on this aspect, reveals that the petitioner
emorandum of Understanding, being signed between Haryana
Department, through Superintendent of Police, Rewari, and
D.A.V. College Trust and Management Committee,
D.A.V. Society, on the request of the State Police, agreed to establ
administer and run the School with the help of Police Department
terms and conditions recited in the MoU
conditions, putforth by the Society, is that the Police Department shall
provide a certificate that the School has been sponsored and is fully
financed by the Police Department, but its management and
administration have been handed over to the DAV College Managing
Committee, New Delhi. On the similar lines,
that the Police Department would ensure that the contribution of Schoo
share to Provident Fund, Gratuity, Leave Encashment and other benefits
maintained by the Management, are remitted by the School to the
College Managing Committee, regularly each month
incorporated in the annual budget. Further, making availability of
by the Police Department, for one Senior Secondary School,
along with properly constructed, unique and hazard
On the anvil of the abovesaid exhaustive deliberations, and
the definitions of certain pivotal
impugned in the petition at hand is required
. But, before that, it would be expedient to explore the
A bare perusal of the material, which has been made
available on this aspect, reveals that the petitioner-School is the outcome
, being signed between Haryana
, through Superintendent of Police, Rewari, and
Committee, on 06.2.2013. The
D.A.V. Society, on the request of the State Police, agreed to establish,
administer and run the School with the help of Police Department, per the
terms and conditions recited in the MoU (supra). One of the important
is that the Police Department shall
provide a certificate that the School has been sponsored and is fully
financed by the Police Department, but its management and
administration have been handed over to the DAV College Managing
he similar lines, another crucial condition is
that the Police Department would ensure that the contribution of School’s
share to Provident Fund, Gratuity, Leave Encashment and other benefits,
are remitted by the School to the DAV
College Managing Committee, regularly each month, and are
Further, making availability of 3 acres
for one Senior Secondary School,
along with properly constructed, unique and hazard free building for
exhaustive deliberations, and
of certain pivotal
is required
explore the
made
outcome
, being signed between Haryana
, through Superintendent of Police, Rewari, and
The
ish,
per the
. One of the important
is that the Police Department shall
provide a certificate that the School has been sponsored and is fully
financed by the Police Department, but its management and
administration have been handed over to the DAV College Managing
condition is
’s
,
DAV
and are
3 acres
for one Senior Secondary School,
free building for
CWP-27949
CWP-22121
running the School.
all amenities, such as water, electricity, furniture, science
apparatus/
equipment for young kids, sports mate
Department shall meet the total deficit (1
after deducting the income of the school realized as free etc.
students. So much so,
school, if any.
unambiguous, it is
which are reproduced as under
27949-2019 (O&M)
22121-2024 (O&M) -22-
running the School. Likewise, the Police Department shall also provide
all amenities, such as water, electricity, furniture, science
apparatus/equipments, library books, reading room, computers, play
equipment for young kids, sports mate
Department shall meet the total deficit (1
after deducting the income of the school realized as free etc.
So much so, the DAV Society is not liable for the deficit of the
school, if any. Although, the terms/conditions
unambiguous, it is, nonetheless, expedient to advert to
which are reproduced as under:-
“General
xx xx xx
“1.2 That for getting the school affiliated with Central
Board of Secondary Education, New Delhi, the Police
Department shall provide a certificate to the effect that the
school has been sponsored and is fully financed by the Police
Department but its management and administration have been
handed over the DAV College Managing Committee, New Delhi.
Appointments
xx xx xx
3.4 That the Head of the school shall be provided free
residential the Police accommodation by Department while the
teachers and other staff, subject to availability, shall be provided
accommodation on the same terms and conditions as is provided
to the employees of the same status Of the Police Department.
The rent chargeable shall not exceed 5% of the basic pay of an
Individual member of the staff. The staff and their families will be
entitled to free medical treatment as may be available to the
employees of the Police Department.
he Police Department shall also provide
all amenities, such as water, electricity, furniture, science
, library books, reading room, computers, play
equipment for young kids, sports materials etc. Besides that, the
Department shall meet the total deficit (100%) on running the school
after deducting the income of the school realized as free etc. from the
he DAV Society is not liable for the deficit of the
conditions, as elaborated above, are
expedient to advert to the same briefly,
xx
That for getting the school affiliated with Central
Board of Secondary Education, New Delhi, the Police
Department shall provide a certificate to the effect that the
school has been sponsored and is fully financed by the Police
s management and administration have been
handed over the DAV College Managing Committee, New Delhi.
xx
3.4 That the Head of the school shall be provided free
residential the Police accommodation by Department while the
and other staff, subject to availability, shall be provided
accommodation on the same terms and conditions as is provided
to the employees of the same status Of the Police Department.
The rent chargeable shall not exceed 5% of the basic pay of an
l member of the staff. The staff and their families will be
entitled to free medical treatment as may be available to the
employees of the Police Department.
he Police Department shall also provide
all amenities, such as water, electricity, furniture, science
, library books, reading room, computers, play
that, the
0%) on running the school
from the
he DAV Society is not liable for the deficit of the
are
briefly,
That for getting the school affiliated with Central
Board of Secondary Education, New Delhi, the Police
Department shall provide a certificate to the effect that the
school has been sponsored and is fully financed by the Police
s management and administration have been
3.4 That the Head of the school shall be provided free
residential the Police accommodation by Department while the
and other staff, subject to availability, shall be provided
accommodation on the same terms and conditions as is provided
to the employees of the same status Of the Police Department.
The rent chargeable shall not exceed 5% of the basic pay of an
l member of the staff. The staff and their families will be
entitled to free medical treatment as may be available to the
CWP-27949
CWP-22121
27949-2019 (O&M)
22121-2024 (O&M) -23-
3.5 That the Police department shall provide a staff
car/van to be kept under the charge of the H
be used for official purposes.
3.6 That the police Department will ensure that the
contribution of school's share to provident fund, Gratuity, Leave
Encashment and other benefits maintained by the management
are remitted by the school
Committee regularly each month and are incorporated in the
Annual Budget.
3.7 That the staff of the school shall be the employees of
the Society and they will be governed by the service rules of the
DAV College Managing Commit
services of any employee, the school shall be compensated by the
Police Department towards the payment, if any, which may have
to be made to the employee, as per the rules of the DAV College
Managing Committee. In case of clo
amount of compensation to the staff shall be paid by the Police
Department.
5. Land, Building and Capital Expenditure
5.1 The Police Department has provided 3 acres of land
for one Senior Secondary School and has also provided prop
constructed, unique and hazard free building for running the
school. The DAV Society will do all its best efforts to ensure the
goal fixed by the Police Department for its employees and their
wards. A separate building or block may be constructed for
providing the facility of hostel, if a need for it is fell in future
from the police sources.
5.2 That the Police Department shall provide all the
amenities like water, electricity, furniture, science apparatus and
equipment, library books, reading rooms,
equipment for young kids, sports materials, etc., to the school for
smooth functioning of the school.
xx xx xx
6. Recurring Expenditure
6.1 That the Police Department shall be required to meet
the total deficit (100%) on running the school after deducting the
3.5 That the Police department shall provide a staff
car/van to be kept under the charge of the Head of the school to
3.6 That the police Department will ensure that the
contribution of school's share to provident fund, Gratuity, Leave
Encashment and other benefits maintained by the management
to the DAV College Managing
Committee regularly each month and are incorporated in the
3.7 That the staff of the school shall be the employees of
the Society and they will be governed by the service rules of the
DAV College Managing Committee. In case of termination of
services of any employee, the school shall be compensated by the
Police Department towards the payment, if any, which may have
to be made to the employee, as per the rules of the DAV College
Managing Committee. In case of closure of the school, the
amount of compensation to the staff shall be paid by the Police
5. Land, Building and Capital Expenditure
5.1 The Police Department has provided 3 acres of land
for one Senior Secondary School and has also provided properly
constructed, unique and hazard free building for running the
school. The DAV Society will do all its best efforts to ensure the
goal fixed by the Police Department for its employees and their
wards. A separate building or block may be constructed for
providing the facility of hostel, if a need for it is fell in future
5.2 That the Police Department shall provide all the
amenities like water, electricity, furniture, science apparatus and
equipment, library books, reading rooms, computers, play
equipment for young kids, sports materials, etc., to the school for
smooth functioning of the school.
xx
6.1 That the Police Department shall be required to meet
the total deficit (100%) on running the school after deducting the
3.5 That the Police department shall provide a staff
ead of the school to
3.6 That the police Department will ensure that the
contribution of school's share to provident fund, Gratuity, Leave
Encashment and other benefits maintained by the management
to the DAV College Managing
Committee regularly each month and are incorporated in the
3.7 That the staff of the school shall be the employees of
the Society and they will be governed by the service rules of the
tee. In case of termination of
services of any employee, the school shall be compensated by the
Police Department towards the payment, if any, which may have
to be made to the employee, as per the rules of the DAV College
sure of the school, the
amount of compensation to the staff shall be paid by the Police
5.1 The Police Department has provided 3 acres of land
erly
constructed, unique and hazard free building for running the
school. The DAV Society will do all its best efforts to ensure the
goal fixed by the Police Department for its employees and their
wards. A separate building or block may be constructed for
providing the facility of hostel, if a need for it is fell in future
5.2 That the Police Department shall provide all the
amenities like water, electricity, furniture, science apparatus and
computers, play
equipment for young kids, sports materials, etc., to the school for
6.1 That the Police Department shall be required to meet
the total deficit (100%) on running the school after deducting the
CWP-27949
CWP-22121
28)
petitioner
the MoU
27949-2019 (O&M)
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income of the school realized as fee etc. from the students. The
DAV Society shall not be liable for the deficit of the school, if
any.
xx xx xx
6.3 That the Principal of the school shall prepare the
Annual Budget of the school and get it approved from the LMC
before sending it for approval to the DAV College Managing
Committee. The Police Department will meet the deficit of the
school in accordance with approved budget.
The representation of the Police Department
-School, including the Chairman
(supra), which is as under:-
“2. LOCAL MANAGING COMMITTEE
2.1 That the DAV College Managing Committee shall
constitute Local Managing Committee (LMC) consisting of the
following members for efficient running of the school. The term
of the Committee shall be for three years.
a) Representative of the Police Department Including
Chairman - 4
1. Inspector General of Police (IGP) South Range, Rewari
(CHAIRMAN)
2. IG/Welfare, Haryana Police, Panchkula or his
representative.
3. Superintendent of Police, Rewari.
4. of Police, Narnaul Superintendent (Mahendergarh).
b) Representative of the DAV College Managing Committee to be
nominated by the DAV CMC-5.
c) The Manager of the School shall be nominated by the
DAV College Management Committee
d) Educationists is to be nominated by DAVCMC
e) Teachers' Representative
f) Parents' Representative
g) CRSL Nominee - 2.
income of the school realized as fee etc. from the students. The
DAV Society shall not be liable for the deficit of the school, if
xx
6.3 That the Principal of the school shall prepare the
Annual Budget of the school and get it approved from the LMC
before sending it for approval to the DAV College Managing
Committee. The Police Department will meet the deficit of the
school in accordance with approved budget.”
of the Police Department in the
, including the Chairman, has also been formed part of
2. LOCAL MANAGING COMMITTEE
DAV College Managing Committee shall
constitute Local Managing Committee (LMC) consisting of the
following members for efficient running of the school. The term
of the Committee shall be for three years.
a) Representative of the Police Department Including the
1. Inspector General of Police (IGP) South Range, Rewari
2. IG/Welfare, Haryana Police, Panchkula or his
3. Superintendent of Police, Rewari.
4. of Police, Narnaul Superintendent (Mahendergarh).
ative of the DAV College Managing Committee to be
5.
The Manager of the School shall be nominated by the
DAV College Management Committee-1.
d) Educationists is to be nominated by DAVCMC-1.
e) Teachers' Representative - 2.
Parents' Representative - 2.
income of the school realized as fee etc. from the students. The
DAV Society shall not be liable for the deficit of the school, if
6.3 That the Principal of the school shall prepare the
Annual Budget of the school and get it approved from the LMC
before sending it for approval to the DAV College Managing
Committee. The Police Department will meet the deficit of the
in the
part of
DAV College Managing Committee shall
constitute Local Managing Committee (LMC) consisting of the
following members for efficient running of the school. The term
the
1. Inspector General of Police (IGP) South Range, Rewari
2. IG/Welfare, Haryana Police, Panchkula or his
ative of the DAV College Managing Committee to be
The Manager of the School shall be nominated by the
CWP-27949
CWP-22121
29)
been demonstrated in the
pass a direction to bring on record all the relevant factual aspects of the
matter, by filing an affidavit, so as to substantiate the plea that the School
does not get an
30)
indicates
MoU, has been
the Haryana Police Education Fund, whic
employees
welfare/education fund. Further, entire construction of the School
building was funded by the Haryana Police Welfare Association, which is
collected by the employees and the
supplied)
regard to composition of the Haryana Police Welfare Association, its
funding structure and status, vide order dated 25.09.2025, which
already been referred to,
27949-2019 (O&M)
22121-2024 (O&M) -25-
h) Principal of the School as Ex
of the LMC.
i) Sh. Sat Parkash Ranga, IPS, IGP South Range, Rewari
and Sh. Pankaj Nain, IPS, SP Rewari, being the founder
members of the DAV Police Public School, Rewari shall be
permanent members of the local Managing Committee in the
interest of ensuring continuity in the development of the school.
The abovesaid extracted terms and conditions
demonstrated in the beginning of this order
pass a direction to bring on record all the relevant factual aspects of the
matter, by filing an affidavit, so as to substantiate the plea that the School
does not get any contribution from the State Governm
A study survey of the affidavit
that a liability to make good all
has been imposed upon the Police Department
the Haryana Police Education Fund, which is collected by Haryana Police
employees, and the Government does not contribute anything to this
welfare/education fund. Further, entire construction of the School
building was funded by the Haryana Police Welfare Association, which is
collected by the employees and the State Government
supplied). At that stage, precisely, this C
regard to composition of the Haryana Police Welfare Association, its
funding structure and status, vide order dated 25.09.2025, which
already been referred to, before penning down the submissions.
h) Principal of the School as Ex-officio Member Secretary
Sh. Sat Parkash Ranga, IPS, IGP South Range, Rewari
and Sh. Pankaj Nain, IPS, SP Rewari, being the founder
Police Public School, Rewari shall be
permanent members of the local Managing Committee in the
interest of ensuring continuity in the development of the school.”
he abovesaid extracted terms and conditions, as has already
beginning of this order, compelled this Court to
pass a direction to bring on record all the relevant factual aspects of the
matter, by filing an affidavit, so as to substantiate the plea that the School
contribution from the State Government.
of the affidavit in context of the matter,
all the deficiencies, in terms of the
imposed upon the Police Department, to be borne out of
h is collected by Haryana Police
and the Government does not contribute anything to this
welfare/education fund. Further, entire construction of the School
building was funded by the Haryana Police Welfare Association, which is
State Government (emphasis
At that stage, precisely, this Court sought a clarification with
regard to composition of the Haryana Police Welfare Association, its
funding structure and status, vide order dated 25.09.2025, which has
down the submissions.
officio Member Secretary
Sh. Sat Parkash Ranga, IPS, IGP South Range, Rewari
and Sh. Pankaj Nain, IPS, SP Rewari, being the founder
Police Public School, Rewari shall be
permanent members of the local Managing Committee in the
already
compelled this Court to
pass a direction to bring on record all the relevant factual aspects of the
matter, by filing an affidavit, so as to substantiate the plea that the School
in context of the matter,
the
to be borne out of
h is collected by Haryana Police
and the Government does not contribute anything to this
welfare/education fund. Further, entire construction of the School
building was funded by the Haryana Police Welfare Association, which is
s
a clarification with
regard to composition of the Haryana Police Welfare Association, its
has
CWP-27949
CWP-22121
31)
current stage, the learned State Information Commission
the petitioner
32)
response to the order above,
is that the
Government in certain years to augment the resources of th
for carrying out welfare activities
the Society (emphasis supplied).
33)
it is not the Police Authorities, which are contributing in
creation/functioning
through the
27949-2019 (O&M)
22121-2024 (O&M) -26-
Reverting to the issue, which has led the parties to the
stage, the learned State Information Commission
the petitioner-School is a Public Authority on the following
a) The School is being run
Police Department;
b) The Public Authority has made investments, in terms
of land and construction of building from its own funds,
that education could be imparted
c) The Managing Committee of t
representation of Senior Police Officers; and
d) The petitioner-School has not placed on record any
material facts, to establish that it is not controlled,
substantially funded or managed by the Public Authority of
Police.
Further, upon perusal of the affidavit
response to the order above, what has captured the attention of this Court
is that the Society also receives c
Government in certain years to augment the resources of th
for carrying out welfare activities, as laid down in the objectives of
the Society (emphasis supplied).
However, the chronology of
it is not the Police Authorities, which are contributing in
/functioning of the School, rather, the funds are generated
through the Haryana Police Education Fund
Reverting to the issue, which has led the parties to the
stage, the learned State Information Commission concluded that
School is a Public Authority on the following grounds:-
The School is being run in a building provided by the
The Public Authority has made investments, in terms
of land and construction of building from its own funds, so
that education could be imparted to the wards of employees;
The Managing Committee of the School has a strong
representation of Senior Police Officers; and
School has not placed on record any
material facts, to establish that it is not controlled,
substantially funded or managed by the Public Authority of
the affidavit 12.11.2025, filed in
what has captured the attention of this Court,
contribution from the State
Government in certain years to augment the resources of the Society
as laid down in the objectives of
the chronology of the events, makes it vivid that,
it is not the Police Authorities, which are contributing in
of the School, rather, the funds are generated
Haryana Police Education Fund. In this view of the matter,
Reverting to the issue, which has led the parties to the
concluded that
in a building provided by the
The Public Authority has made investments, in terms
so
to the wards of employees;
he School has a strong
School has not placed on record any
material facts, to establish that it is not controlled,
substantially funded or managed by the Public Authority of
, filed in
,
ontribution from the State
e Society
as laid down in the objectives of
events, makes it vivid that,
it is not the Police Authorities, which are contributing in
of the School, rather, the funds are generated
. In this view of the matter,
CWP-27949
CWP-22121
this Court is of the affirmed view that a glaring perversity has crept in the
impugned order.
34)
Society receives any substantial contribution from the State Government
or not, would also be a moot question, to determine the exact status of the
petitioner
that the Society (supra), receives contribution from the State, but
same is substantial or not, also needs to be gone into.
35)
touching the abovesaid aspects of the matter,
the petitioner
funded or managed by the Public Authority of Police. Conversely, in
Thalappalam Ser. Coop. Bank Ltd. (supra),
as discussed even earlier, has obliged
information under the Act, to discharge the onus, in this regard. Thus, on
this score also, the impugned order fails.
36)
with the ratio laid down in the pronouncements
orders in both the writ petitions do not pass the test of legality, and thus,
the same are
State Information Commission
terms of the abovesaid touchstones
37)
afforded to the
Society is substantially
27949-2019 (O&M)
22121-2024 (O&M) -27-
this Court is of the affirmed view that a glaring perversity has crept in the
impugned order.
So much so, whether, the Haryana Police Welfare & Sports
receives any substantial contribution from the State Government
or not, would also be a moot question, to determine the exact status of the
-School. Further, though, it has been categorically admitted
that the Society (supra), receives contribution from the State, but
same is substantial or not, also needs to be gone into.
However, the learned Information Commission,
touching the abovesaid aspects of the matter,
the petitioner-School to establish that it is not controlled, substantially
funded or managed by the Public Authority of Police. Conversely, in
Thalappalam Ser. Coop. Bank Ltd. (supra),
as discussed even earlier, has obliged
information under the Act, to discharge the onus, in this regard. Thus, on
this score also, the impugned order fails.
In conspectus of the position sketched out above,
with the ratio laid down in the pronouncements
orders in both the writ petitions do not pass the test of legality, and thus,
the same are set aside. Consequently, the
State Information Commission-respondent No.1
terms of the abovesaid touchstones.
Needless to assert that adequate opportunity shall be
afforded to the applicants/parties concerned
Society is substantially funded/financed by the State Government or
this Court is of the affirmed view that a glaring perversity has crept in the
Haryana Police Welfare & Sports
receives any substantial contribution from the State Government
or not, would also be a moot question, to determine the exact status of the
it has been categorically admitted
that the Society (supra), receives contribution from the State, but the
same is substantial or not, also needs to be gone into.
he learned Information Commission, without
touching the abovesaid aspects of the matter, fastened the liability upon
School to establish that it is not controlled, substantially
funded or managed by the Public Authority of Police. Conversely, in
Thalappalam Ser. Coop. Bank Ltd. (supra), the Hon’ble Supreme Court,
as discussed even earlier, has obliged the applicant, who seeks
information under the Act, to discharge the onus, in this regard. Thus, on
the position sketched out above, coupled
with the ratio laid down in the pronouncements (supra), the impugned
orders in both the writ petitions do not pass the test of legality, and thus,
Consequently, the lis is remitted to the learned
respondent No.1, for decision afresh, in
Needless to assert that adequate opportunity shall be
parties concerned, to establish whether the
financed by the State Government or not?
this Court is of the affirmed view that a glaring perversity has crept in the
Haryana Police Welfare & Sports
receives any substantial contribution from the State Government
or not, would also be a moot question, to determine the exact status of the
it has been categorically admitted
the
without
pon
School to establish that it is not controlled, substantially
funded or managed by the Public Authority of Police. Conversely, in
the Hon’ble Supreme Court,
the applicant, who seeks
information under the Act, to discharge the onus, in this regard. Thus, on
coupled
the impugned
orders in both the writ petitions do not pass the test of legality, and thus,
is remitted to the learned
, in
Needless to assert that adequate opportunity shall be
to establish whether the
not?
CWP-27949
CWP-22121
Likewise, t
including whether the grant of land on lease to the petitioner
Public A
bringing it,
38)
Commission
relevant factors, conclusively decide the matter, at the earliest.
39)
petitions stand
case.
10.02.2026
Ak Sharma
27949-2019 (O&M)
22121-2024 (O&M) -28-
Likewise, the parties shall also be at liberty to address other allied issues,
including whether the grant of land on lease to the petitioner
Authority would tantamount to substantial financing, thereby
it, within the ambit of a Public A
This Court is sanguine that the learned State Information
Commission-respondent No.1 shall, after taking into consideration all the
relevant factors, conclusively decide the matter, at the earliest.
With the abovesaid observations, both the instant writ
petitions stand disposed of.
A photocopy of this be placed on the file of the connected
10.02.2026
Ak Sharma
Whether speaking/reasoned
Whether reportable
parties shall also be at liberty to address other allied issues,
including whether the grant of land on lease to the petitioner-School by a
to substantial financing, thereby
Authority.
This Court is sanguine that the learned State Information
respondent No.1 shall, after taking into consideration all the
relevant factors, conclusively decide the matter, at the earliest.
With the abovesaid observations, both the instant writ
A photocopy of this be placed on the file of the connected
(KULDEEP TIWARI)
JUDGE
Yes
Yes/No
parties shall also be at liberty to address other allied issues,
School by a
to substantial financing, thereby
This Court is sanguine that the learned State Information
respondent No.1 shall, after taking into consideration all the
With the abovesaid observations, both the instant writ
A photocopy of this be placed on the file of the connected
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