Firoz Khan Gaus Khan vs The State Information Commissioner ...
2024 Latest Caselaw 24249 Bom

Bombay High Court

Firoz Khan Gaus Khan vs The State Information Commissioner ... on 16 August, 2024

2024:BHC-AUG:18206-DB


                                                 1                       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


                                       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.

2 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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