Marimallappa'S Education Trust, Vs the State Information Commissioner — Karnataka HC (2026) — LawSathi Research

Marimallappa'S Education Trust, Vs the State Information Commissioner — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

The learned Single Judge's common order dated 11.02.2025 in W.P.Nos.20285/2024, 20289/2024, 20301/2024 and 20306/2024 (GM-RES) and the KIC orders dated 25.06.2024 in Case Nos.KIC/26401/APL/2023, KIC/26393/APL/2023, KIC/26397/APL/2023 and KIC/26389/APL/2023 were set aside; the matters were remanded to the KIC for consideration afresh, with the parties directed to appear before the KIC on 27.02.2026 and liberty granted to file further documents; subject to the appellant paying costs of Rs.5,000/- per appeal (cumulative Rs.20,000/-) to respondent No.4 on or before 27.02.2026. Appeals and pending applications disposed of.

Issue for consideration

Whether Marimallappa's Education Trust is a public authority within the meaning of Section 2(h) of the Right to Information Act, 2005, and consequently whether the KIC orders dated 25.06.2024 declaring it such and imposing penalties were within jurisdiction. +1 more

Court's answer

The Division Bench set aside the impugned common order dated 11.02.2025 of the learned Single Judge as well as the orders passed by the KIC which were impugned in the writ petitions.

Ratio / Principle

The matters were remanded to the KIC for consideration afresh; the parties shall appear before the KIC on 27.02.2026 and are at liberty to file such further documents as they consider relevant to the issue.

Key takeaways

Because the question whether the appellant is a public authority is contentious, and given the appellant's non-appearance before the KIC, the Division Bench considered it apposite to afford the appellant yet another opportunity to appear before the KIC to canvass its contention on that issue.ratio¶101
The remand order was made subject to the appellant paying costs of Rs.5,000/- each to respondent No.4 (cumulative sum of Rs.20,000/-) on or before 27.02.2026, it being conceded that the appellant had been remiss in not pursuing the matter before the KIC.ratio¶105

Detailed headnote1 paragraphs

Karnataka High Court (Division Bench: Vibhu Bakhru, CJ and C.M. Poonacha, J; oral judgment per the Chief Justice), 06.02.2026: Four writ appeals (WA Nos.355, 356, 358 and 386 of 2025 - GM-RES) by Marimallappa's Education Trust, Mysuru, under Section 4 of the Karnataka High Court Act, challenged the common order dated 11.02.2025 of a learned Single Judge (in W.P.Nos.20285, 20289, 20301 and 20306 of 2024) declining to interfere with four orders dated 25.06.2024 of the State Information Commissioner, Karnataka Information Commission (Case Nos.KIC/26401, 26393, 26397 and 26389/APL/2023), whereby the Trust was held to be a public authority within the meaning of Section 2(h) of the Right to Information Act, 2005 and penalties were imposed on the Trust and its Public Information Officer. The Trust had not appeared before the KIC despite notices. Observing that the question of the Trust's public-authority status is contentious, the Division Bench set aside both the Single Judge's order and the KIC orders and remanded the matters to the KIC for fresh consideration, fixing the parties' appearance on 27.02.2026 with liberty to file further documents, subject to payment of costs of Rs.5,000/- per appeal (cumulative Rs.20,000/-) to Respondent No.4 by that date. Appeals disposed of; the Section 2(h) question remains open for determination afresh by the KIC.

NC: 2026:KHC:6992-DB WA No. 355 of 2025 C/W WA No. 356 of 2025 WA No. 358 of 2025 AND 1 OTHER

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF FEBRUARY, 2026

PRESENT

THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

AND

THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 355 OF 2025 (GM-RES)

C/W

WRIT APPEAL NO. 356 OF 2025 (GM-RES) WRIT APPEAL NO. 358 OF 2025 (GM-RES) WRIT APPEAL NO. 386 OF 2025 (GM-RES)

IN WA No. 355/2025

BETWEEN:

Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka

MARIMALLAPPA'S EDUCATION TRUST SEETHAVILAS ROAD K.R. MOHALLA MYSURU - 570 004 REPRESENTED BY IT'S HON. SECRETORY SRI K.N. PANCHAKSHARA SWAMY

…APPELLANT

(BY SRI M. VEERABHADRAIAH, ADVOCATE)

AND:

THE STATE INFORMATION COMMISSIONER KARNATAKA INFORMATION COMMISSION MAHITHI SOUDHA, DEVARAJ URS ROAD OPP. TO VIDHANA SOUDHA, WEST GATE-2 BENGALURU - 560 001

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HC-KAR

THE DEPUTY DIRECTOR DEPARTMENT OF PRE-UNIVERSITY EDUCATION NARAYANSHASTHRI ROAD

MYSORE - 570 004

THE DIRECTOR DEPARTMENT OF PRE-UNIVERSITY EDUCATION 18^TH CROSS, MALLESWARAM BENGALURU - 560 003

SRI A.S. MALLIKARJUNA SWAMY S/O LATE SIDDAPPA AGED ABOUT 48 YEARS NO. 2431, HOSABANDIKERI, 1^ST CROSS NANJUMALIGE, MYSORE - 570 004

…RESPONDENTS

(BY SMT. NAMITHA MAHESH B.G., AGA FOR R-1 TO 3 & SRI A.S. MALLIKARJUNA SWAMY, R-4 - PARTY-IN-PERSON)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE JUDGEMENT DATED 11/02/2025 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN W.P. NO.20301/2024 (GM-RES). CONSEQUENTLY, DECLARE THAT THE ORDER DATED 25/06/2024 PASSED BY THE 1^ST RESPONDENT THE STATE INFORMATION COMMISSIONER IN CASE NO.KIC 26397 APL 2023 IS TOTALLY CONTRARY TO THE LAW DECLARED BY THE APEX COURT AND THAT THE PETITIONER TRUST IS NOT A PUBLIC AUTHORITY AS DEFINED U/S 2(h) OF THE RIGHT TO INFORMATION ACT, 2005 AND THE TRUST WILL NOT COME WITHIN THE PURVIEW OF THE SCHEME OF THE RTI ACT 2005 AND THE 1^ST RESPONDENT PASSED THE ORDER CONTRARY TO THE SCHEME OF THE ACT AND WITHOUT JURISDICTION AND AGAINST THE PRINCIPLES OF NATURAL JUSTICE.

NC: 2026:KHC:6992-DB WA No. 355 of 2025 C/W WA No. 356 of 2025 WA No. 358 of 2025 AND 1 OTHER

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HC-KAR

IN WA NO. 356/2025

BETWEEN:

MARIMALLAPPA'S EDUCATION TRUST SEETHAVILAS ROAD K.R. MOHALLA MYSURU - 570 004 REPRESENTED BY IT'S HON. SECRETORY SRI K.N. PANCHAKSHARA SWAMY

...APPELLANT

(BY SRI M. VEERABHADRAIAH, ADVOCATE)

AND:

THE STATE INFORMATION COMMISSIONER KARNATAKA INFORMATION COMMISSION MAHITHI SOUDHA, DEVARAJ URS ROAD OPP. TO VIDHANA SOUDHA WEST GATE - 2 BENGALURU - 560 001.

THE DEPUTY DIRECTOR DEPARTMENT OF PRE-UNIVERSITY EDUCATION NARAYANSHASTHRI ROAD

MYSORE - 570 004

THE DIRECTOR DEPARTMENT OF PRE-UNIVERSITY EDUCATION 18^TH CROSS, MALLESWARAM BENGALURU - 560 003

SRI A.S. MALLIKARJUNA SWAMY S/O LATE SIDDAPPA AGED ABOUT 48 YEARS

NO.2431, HOSABANDIKERI

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HC-KAR

1^ST CROSS, NANJUMALIGE MYSORE - 570 004

...RESPONDENTS

(BY SMT. NAMITHA MAHESH B.G., AGA FOR R-1 TO 3 & SRI A.S. MALLIKARJUNA SWAMY, R-4 - PARTY-IN-PERSON)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE JUDGMENT DATED 11.02.2025 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN W.P.No.20306/2024 (GM-RES) CONSEQUENTL, DECLARE THAT THE ORDER DATED 25.06.2024 PASSED BY THE 1^ST RESPONDENT THE STATE INFORMATION COMMISSIONER IN CASE No.KIC 26389 APL 2023 IS TOTALLY CONTRARY TO THE LAW DECLARED BY THE APEX COURT AND THAT THE PETITIONER TRUST IS NOT A PUBLIC AUTHORITY AS DEFINED U/S 2(h) OF THE RIGHT TO INFORMATION ACT, 2005 AND THE TRUST WILL NOT COME WITHIN THE PURVIEW OF THE SCHEME OF THE RTI ACT 2005 AND THE 1^ST RESPONDENT PASSED THE ORDER CONTRARY TO THE SCHEME OF THE ACT AND WITHOUT JURISDICTION AND AGAINST THE PRINCIPLES OF NATURAL JUSTICE & ETC.

IN WA NO. 358/2025

BETWEEN:

MARIMALLAPPA'S EDUCATION TRUST SEETHAVILAS ROAD K.R. MOHALLA MYSURU - 570 004 REP BY ITS HON. SECRETARY SRI K.N. PANCHAKSHARA SWAMY

...APPELLANT

(BY SRI M.VEERABHADRAIAH, ADVOCATE)

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NC: 2026:KHC:6992-DB WA No. 355 of 2025 C/W WA No. 356 of 2025 WA No. 358 of 2025 AND 1 OTHER

HC-KAR

AND:

THE STATE INFORMATION COMMISSIONER KARNATKAA INFORMATION COMMISSION MAHITHI SOUDHA DEVARAJ URS ROAD OPP. TO VIDHANA SOUDHA WEST GATE - 2 BENGALURU - 560 001

THE DEPUTY DIRECTOR DEPARTMENT OF PRE-UNIVERSITY EDUCATION NARAYANASHASTRI ROAD MYSORE - 570 004

THE DIRECTOR DEPARTMENT OF PRE-UNIVERISTY EDUCATION 18^TH CROSS, MALLESHWARAM

BENGALURU - 560 003

SRI A.S. MALLIKARJUNA SWAMY S/O LATE SIDDDAPPA AGED ABOUT 48 YEARS No.2431, HOSABANDIKERI 1^ST CROSS, NANJUMALIGE MYSORE - 570 004

...RESPONDENTS

(BY SMT. NAMITHA MAHESH B.G., AGA FOR R-1 TO 3 & SRI A.S. MALLIKARJUNA SWAMY, R-4 - PARTY-IN-PERSON)

THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE JUDGMENT DATED 11.02.2025, PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN W.P.No.20285/2024 (GM-RES). CONSEQUENTLY DECLARE THAT THE ORDER DATED 25.06.2024 PASSED BY THE 1^ST RESPONDENT THE STATE INFORMATION COMMISSIONER IN

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NC: 2026:KHC:6992-DB WA No. 355 of 2025 C/W WA No. 356 of 2025 WA No. 358 of 2025 AND 1 OTHER

HC-KAR

CASE No.KIC 26401 APL 2023 IS TOTALLY CONTRARY TO THE LAW DECLARED BY THE APEX COURT AND DECLARE THAT THE PETITIONER TRUST IS NOT A PUBLIC AUTHORITY AS DEFINED U/S 2(h) OF THE RIGHT TO INFORMATION ACT 2005 AND THE TRUST WILL NOT COME WITHIN THE PURVIEW OF THE SCHEME OF THE RTI ACT 2005 AND 1^ST RESPONDENT PASSED THE ORDER CONTRARY TO THE SCHEME OF THE ACT AND WITHOUT JURISDICTION AND AGAINST THE PRINCIPLES OF NATURAL JUSTICE.

IN WA NO. 386/2025

BETWEEN:

MARIMALLAPPA'S EDUCATION TRUST SEETHAVILAS ROAD K.R. MOHALLA MYSURU - 570 004 REPRESENTED BY IT'S HON. SECRETORY SRI K.N. PANCHAKSHARA SWAMY

...APPELLANT

(BY SRI M. VEERABHADRAIAH, ADVOCATE)

AND:

THE STATE INFORMATION COMMISSIONER KARNATAKA INFORMATION COMMISSION MAHITHI SOUDHA DEVARAJ URS ROAD OPP. TO VIDHANA SOUDHA WEST GATE-2, BENGALURU - 560 001

THE DEPUTY DIRECTOR DEPARTMENT OF PRE-UNIVERSITY EDUCATION NARAYANSHASTHRI ROAD

MYSORE - 570 004

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HC-KAR

THE DIRECTOR DEPARTMENT OF PRE-UNIVERSITY EDUCATION 18^TH CROSS, MALLESWARAM BENGALURU - 560 003

SRI A.S. MALLIKARJUNA SWAMY S/O LATE SIDDAPPA AGED ABOUT 48 YEARS NO. 2431, HOSABANDIKERI 1^ST CROSS, NANJUMALIGE MYSORE - 570 004

...RESPONDENTS

(BY SMT. NAMITHA MAHESH B.G., AGA FOR R-1 TO 3 & SRI A.S. MALLIKARJUNA SWAMY, R-4 - PARTY-IN-PERSON)

THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE JUDGMENT DATED 11.02.2025 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WP No.20289/2024 (GM-RES). CONSEQUENTLY, DECLARE THAT THE ORDER DATED 25.06.2024 PASSED BY THE 1^ST RESPONDENT THE STATE INFORMATION COMMISSIONER IN CASE No. KIC 26393 APL 2023 IS TOTALLY CONTRARY TO THE LAW DECLARED BY THE APEX COURT AND THAT THE PETITIONER TRUST IS NOT A PUBLIC AUTHORITY AS DEFINED U/S 2(h) OF THE RIGHT TO INFORMATION ACT, 2005 AND THE TRUST WILL NOT COME WITHIN THE PURVIEW OF THE SCHEME OF THE RTI ACT 2005 AND THE 1^ST RESPONDENT PASSED THE ORDER CONTRARY TO THE SCHEME OF THE ACT AND WITHOUT JURISDICTION AND AGAINST THE PRINCIPLES OF NATURAL JUSTICE & ETC.

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HC-KAR

THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

ORAL JUDGMENT

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

The appellant-Marimallappa's Education Trust, common in all the appeals, has filed the present appeals impugning a common order dated 11.02.2025 passed by the learned Single Judge of this Court in W.P.No.20285/2024 (GM-RES) connected with W.P.No.20289/2024 (GM-RES), W.P.No.20301/2024 (GM-RES) and W.P.No.20306/2024 (GM-RES).

The appellant had filed the said writ petitions impugning an orders dated 25.06.2024 passed by the State Information Commissioner, Karnataka Information Commission [ KIC ] in Case Nos.KIC/26401/APL/2023, KIC/26393/APL/2023, KIC/26397/APL /2023 and KIC/26389/APL/2023 respectively. The KIC had held that the appellant is a public authority within the meaning of Section

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2(h) of the Right To Information Act, 2005 and had imposed a

penalty on the appellant and on the Public Information Officer.

It is the appellant's case that the said decision is without jurisdiction as the appellant is not a public authority.

The record indicates that the appellant had not appeared before the KIC.

The learned Single Judge had declined to interfere with the orders passed by the KIC, inter alia , on the ground, that the appellant had been remiss in appearing before the KIC and had failed to place the relevant information to canvass its submission that it is not a public authority. The learned Single Judge had also faulted the appellant for ignoring the notices issued by the KIC.

The question whether the appellant is a public authority is a contentious one. In the given facts, we consider it apposite to afford the appellant yet another opportunity to appear before the KIC to canvass its contention on the said issue.

Accordingly, we set aside the impugned order as well as the orders passed by the KIC, which were impugned in the writ

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petitions and remand the matter to the KIC for consideration afresh. The parties shall appear before the KIC on 27.02.2026. The parties are also at liberty to file such further documents as they consider relevant to the issue.

Since it is conceded that the appellant has been remiss in not pursuing the matter before the KIC, we also consider it appropriate to direct that this order is subject to the appellant paying costs of Rs.5,000/- each to respondent No.4 (cumulative sum of `20,000/-) on or before 27.02.2026 (the date of hearing fixed before the KIC).

The appeals are disposed of in the aforesaid terms.

Pending applications stand disposed of.

Sd/(VIBHU BAKHRU) CHIEF JUSTICE

Sd/(C.M. POONACHA) JUDGE

KPS List No.: 2 Sl No.: 24