Harjit Singh v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision : August 22, 2025 HARJIT SINGH -PETITIONER V/S STATE OF PUNJAB AND OTHERS -RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Ms. Neha Dewan, Advocate for the petitioner.

Mr. Sanjeev Manrai, Sr. Advocate with Mr. Rohit Bhardwaj, Advocate for the applicant (in CM-177-CWP-2024 & CM-179-CWP-2024).

Mr. Sahil R. Bakshi, A.A.G., Punjab.

Mr. Amit Jhanji, Sr. Advocate with Mr. G.S. Sarao, Advocate and Mr. Vishal Aggarwal, Advocate for the respondents No.3 and 4.

*** KULDEEP TIWARI, J. (ORAL) 1.

The petitioner filed an application dated 26.03.2016 seeking the information extracted hereinafter, under the Right to Information Act, 2005 (hereinafter referred to as the 'R.T.I. Act'). "i. That the copy of the rule and regulation of The Punjab Public School Nabha."

2.

The information sought by the petitioner was declined by the Management of The Punjab Public School, Nabha, on the ground that the school is unaided and is not receiving any grant-in-aid either from the Central Government, State Government, or any Local Authority, and is

thus not covered under the provisions of the R.T.I. Act. This declining order dated 04.04.2016 is appended as Annexure P-2 to this writ petition. 3.

Fetching grievance from the non-supply of the requisite information, the petitioner filed the first appeal, which also did not yield any fruitful result. Thereafter, since the Management of the school had not appointed any S.P.I.O. or Appellate Authority, the petitioner directly approached the Punjab State Information Commission by filing first appeal. However, the petitioner was again unsuccessful, as the appeal was dismissed vide order dated 14.09.2017, on the ground that the school concerned is not receiving 95% grant-in-aid from the Government and, hence, does not fall within the ambit of the R.T.I. Act. 4.

The order dated 14.09.2017, along with the stand taken by respondents No.3 and 4/Management of the concerned school, has been put to challenge before this Court by way of the present writ petition. 5.

During the pendency of this writ petition, one Harjit Singh filed CM-179-CWP-2024 to become intervener in the proceedings of this writ petition.

6.

Today, the learned senior counsel for respondents No.3 and 4 has, besides supplying to learned counsel for the petitioner a copy of the requisite information (i.e., the Rules of The Punjab Public School, Nabha), also placed the same on record, which has been taken on record as Mark 'A'. Moreover, he submits that, at this stage, he does not wish to join the issue of whether the school concerned is covered under the ambit of the R.T.I. Act or not.

7.

Considering the supervening events, particularly the

redressal of the petitioner's grievance owing to the supply of the requisite information, this Court is reluctant to decide the issue of whether the school is covered under the ambit of the R.T.I. Act, leaving the same open to be adjudicated in an appropriate proceeding. 8.

Disposed of accordingly.

9.

Pending applications also stand disposed of accordingly. (KULDEEP TIWARI) August 22, 2025 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No