Firoz Khan Gaus Khan v. The State Information Commissioner Nashik Bench, Nashik And ORS

2024:BHC-AUG:18206-DB wp 1092.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1092 WRIT PETITION NO. 11014 OF 2023 Firoz Khan Gaus Khan

VERSUS

The State Information Commissioner Nashik Bench, Nashik And Ors ...

Advocate for the Petitioner : Mr. Swapnil Joshi and Awez Shaikh, Swapnil Patunkar h/f J.P. Legal Associates AGP for Respondents: Mr. R R Tandale Advocate for Respondents 2,3 : Mr. Bolkar Yogesh B CORAM : S. G. CHAPALGAONKAR, J.

Dated : August 16, 2024 PER COURT :- 1.

Mr. Joshi, learned advocate appearing for the petitioner fairly concedes that requisite information is received to the petitioner and, therefore, he may not be interested in prosecuting the case in this writ petition. However, he points out that in view of the legal position as cleared by this Court in writ petition no.5132 of 2008 in case of Nagar Yuvak Shikshan Sanstha and another Vs. Maharashtra State Information Commissioner, Vidarbha Region, Nagpur and another dated 20.8.2009 and the Division Bench judgment in writ petition no.5067 of 2009 in case of Shikshan Prasarak Mandal Vs. State Information Commissioner, Nagpur dated 10.8.2020, if Educational Institution/Trust is receiving grant-in-aid from the Government and Managed by the Society, even such non government schools or colleges or institutions are covered by definition of public authority for the purpose of RTI Act, 2005.

wp 1092.23.odt There cannot be any counter to legal position as espoused by this Court. With this observations, writ petition stands disposed off.

( S. G. CHAPALGAONKAR ) JUDGE ...

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