RANCHI, India, Oct. 25 -- Jharkhand High Court issued the following order on Sept. 25:

1. The instant review petition has been filed on behalf of petitioner, who was appellant in LPA No. 358 of 2024, seeking review of order dated 20th June, 2025 passed in L.P.A. No. 358 of 2024, whereby and whereunder Letters Patent Appeal preferred by the petitioner/appellant has been dismissed.

Factual Matrix:

2. Before proceeding to examine the availability of ground seeking review, the facts of the case, as per the pleading made in the writ petition, needs to refer herein, which reads as under:

3. The review petitioner-college is a society registered under the Societies Registration Act, 1860.

4. The respondent no.2, professor, ex-employee of the review petitioner-college, sought certain information vide his application dated 14.09.2015 under the Right to Information Act, 2005 seeking information regarding the appellant-college.

5. The information as sought for by Respondent No. 2 under the RTI Act, 2005, as mention in the impugned order under review, reads as under:

(a) Copy of the Audit Report for the periods 2011-12 to 2014-15;

(b) Copy of the Utility Certificate for the periods 2011-12 to 2014-15;

(c) Proceedings of the Minutes of the Governing Body of St. Joseph's College for the periods 2011-12 to 2014-15;

(d) The concerned Rules which have been relied upon by the St. Joseph's College, Khunti for not making payment of the grant-in-aid received from the State Government to the teachers working under the said Government for the periods 2012-13 to 2014-15.

6. But the aforesaid required information was not provided, by the college-review petitioner. Thereafter, the Respondent No. 2 approached the Chief Information Commissioner stating inter alia that the information required by him, with regard to the appellant-college, has not been provided to him and thus filed Second Appeal before the Jharkhand State Information Commission on 01.02.2016 which was registered as Appeal Case No. 334 of 2016.

7. The appellant-college, the review petitioner herein, was in receipt of a letter issued by the office of the Respondent No. 1, Jharkhand State Information Commission, wherein notice of hearing of appeal case was issued to the appellant-review petitioner.

8. In reply to the above notice, the review petitioner inter alia stated that the review petitioner is neither a Public Authority as defined under Section 2(h) of the Right to Information Act, 2005 nor the information sought for by Respondent No. 2 is required to be furnished to him in view of the Section 8 of the Right to Information Act, 2005.

9. In continuation of the reply given to the Respondent No. 2, the appellant, the review petitioner herein reiterated its stand that the appellant, the review petitioner herein is not a Public Authority as defined under Section 2(h) of the Right to Information Act, 2005 and the information sought for by the Respondent No. 2 from the appellant- review petitioner falls under the category of Exempted Information as provided under Section 8 of the Right to Information Act, 2005 and hence the appellant- college was not liable to furnish information to the Respondent No. 2.

10.The respondent no.1 Jharkhand State Information Commission vide order dated 30.09.2016 passed in Appeal Case No. 334 of 2016, issued vide Memo No. 23354 dated 07.10.2016, while giving due consideration to the provisions of RTI Act 2005 has held that since the college receives aid from the Government of Jharkhand, the writ petitioner/appellant/review petitioner- college is obligated to furnish the information asked from it under the Right to Information Act, 2005.

11.Aggrieved by the order dated 30.09.2016 passed in Appeal Case No. 334 of 2016, the writ petitioner-college [the review petitioner herein] preferred writ petition W.P.(C) No. 6689 of 2016.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x8IypIZK2IRRTYclfqDSpTlQ4fZ1bmcGOXRYbCk%2BGige&caseno=C.Rev./126/2025&cCode=1&cino=JHHC010227762025&state_code=7&appFlag=)

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