Partly allowed

Yateemkhana and Madarasa Anjuman Khairul Islam Trust through Its Trustees and Anr. v. the State of Maharashtra and Ors.

Bombay HC19 Jul 2016LPA/14/2014

Case brief

AI extract

What is this about?

The High Court in Letters Patent Appeal No. 14 of 2014 set aside the Single Judge's order declaring a college a public authority solely due to grant-in-aid. The Court remitted the matter for a fresh decision requiring an analysis of facts and figures to determine if the institution is substantially financed, referencing Supreme Court guidelines on substantial financing.

What did the court decide?

Impugned order dated 31st January, 2012 set aside; matter remitted to the learned Single Judge to decide the Writ Petition afresh.

Yateemkhana and Madarasa Anjuman Khairul Islam Trust… — Writ and Judicial Review | Bombay HC (2016)

LPA.14/2014(10)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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LETTERS PATENT APPEAL NO. 14 OF 2014 IN WRIT PETITION NO. 10595 OF 2011

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Yateemkhana & Madarasa Anjuman Khairul Islam Trust & Anr.

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Islam Trust & Anr. ...Appellants Vs. The State of Maharashtra & Ors. ...Respondents

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Mr. Mohan Jayakar a/w. Mr. Karan Adik, Mr. Hussein Bengali i/b. Jaykar & Partners, Advocates for the Appellants Mr. Asif Patel, AGP for Respondent No.1

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Mr. Amit Gharte i/b. J.D. Khairnar, Advocate for Respondent No.3

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CORAM : SHANTANU S. KEMKAR & M.S. KARNIK, JJ. DATED : 19^TH JULY, 2016

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P.C. :

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Parties through their Counsel. This Letter Patent Appeal

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is filed by the Appellants challenging the order dated 31^st

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January, 2012 passed by the learned Single Judge of this

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Court in Writ Petition No. 10595 of 2011. According to the

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learned Counsel appearing for the Appellants the learned

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Single Judge while deciding the controversy as to whether the Petitioner College is covered under the definition of public

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LPA.14/2014(10)

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authority as defined under Clause Section 2(h)(d)(ii) of the Right to Information Act, 2005 (for short the Act) has rejected the Petitioner's contention only on the ground that as the Petitioner College is getting grant-in-aid partially it is clear that the Petitioner College is a body which is substantially financed by funds provided by the Government and therefore, it is 'public authority'.

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The contention of the learned Counsel for the Appellant is that in view of the judgment dated 7^th October, 2013 passed by the Supreme Court in the case of Thalappalam

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Ser. Coop. Bank Ltd. & Ors. Vs. State of Kerala & Ors in

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Civil Appeal No. 9017 of 2013 the learned Single Judge was required to see as to whether the Petitioner is substantially financed as defined under Section 2 (h)(d)(i)(ii) of the Act. Relying on the said judgment of the Supreme Court it has been contended by the learned Counsel for the Appellants that the learned Single Judge has not dealt with the issue as to whether the grant-in-aid which has been received by the Petitioners would be covered under the term Substantially

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LPA.14/2014(10)

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financed as mentioned in Section 2(h)(d)(i)(ii) of the Act.

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On the other hand learned Counsel appearing for the Respondent No.3 has supported the impugned order passed by the learned Single Judge and has contended that as the Petitioners College is getting grant-in-aid, which is more than Rs. 80 lakhs, it cannot be said that the Petitioners are not substantially financed by the Government.

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Having considered the submissions made by the parties

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we find that the learned Single Judge has proceeded in the matter by assuming that since the Petitioners are getting grant-in-aid, the Petitioners are substantially financed. Merely because the Petitioners are getting grant-in-aid that itself cannot be said that Petitioners are substantially financed. All the relevant facts and figures ought to have been taken into consideration by the learned Single Judge before recording the said findings. Having not done so in our considered view the impugned order passed by the learned Single Judge deserves to be set aside. We accordingly set

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LPA.14/2014(10)

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aside the impugned order and remit the matter to the learned

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Single Judge for deciding the Writ Petition afresh.

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(M.S. KARNIK, J.) (SHANTANU S. KEMKAR, J.)

Yateemkhana and Madarasa Anjuman Khairul Islam Trust through Its Trustees and Anr. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Yateemkhana and Madarasa Anjuman Khairul Islam Trust through Its Trustees and Anr. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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