The Court dismissed the writ petition challenging a public notice under the RTI Act which declared educational institutions as public authorities. The petitioner was denied consideration as the challenge was not made by the proper authority (Managing Committee).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court CWJC No.12870 of 2012 (7) dt.04-02-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12870 of 2012
====================================================== 1. Paras Nath Singh S/O Late Balkeshwar Prasad Singh R/O VillageRasenchack (Kasturichack), P.O.+P.S.- Naya Gaon, Circle- Sonepur, Distt.Chapra
.... .... Petitioner/s Versus 1. The State Of Bihar Through The Chief Secretary Government Of Bihar, Patna 2. The Principal Secretary Human Resources Development Department, Government Of Bihar, Patna 3. The Director, Secondary Education, Government Of Bihar
.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Brajesh Kumar For the Respondent/s : Mr. Roy Shivaji Nath Aag3 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
7 04-02-2016 Heard Mr. Brajesh Kumar for the petitioner and AC to AAG-3 for the State.
The public notice issued by the Education Department of the Government (Annexure-5) is under challenge. By the said notice it has been informed that all the institution(s), colleges, receiving grant, recognition etc. shall be the public authority within the meaning of Section 2 (h),(d)(ii) of the Right to Information Act, 2005.
The consideration of the present writ petition on merit in my view, must be declined since challenge thereto has been
made by the Incharge Principal of the College, Dhanushi,
Patna High Court CWJC No.12870 of 2012 (7) dt.04-02-2016
Vaishali and not by the Managing committee of the said College. The Principal is only an employee of the college/school appointed by the Managing Committee. Under the impugned notice, the Managing Committee is required to nominate a Public Information Officer. The present writ petition, at the behest of the petitioner, is fit to be dismissed on this count alone.
I order accordingly.
(Kishore Kumar Mandal, J)
Shyam/-
U
1 issue framed by the court
Whether impugned public notice issued by Education Department was challengeable writ petition in the present instance.
1 provisions across 1 enactments
Paras Nath Singh
The State Of Bihar Through The Chief Secretary Government Of Bihar
The Principal Secretary Human Resources Development Department, Government Of Bihar
The Director, Secondary Education, Government Of Bihar
KISHORE KUMAR MANDAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
