- 1 - NC: 2025:KHC:6135 WP No. 20285 of 2024 C/W WP No. 20289 of 2024 WP No. 20301 of 2024 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 20285 OF 2024 (GM-RES) C/W WRIT PETITION NO. 20289 OF 2024 (GM-RES) WRIT PETITION NO. 20301 OF 2024 (GM-RES) WRIT PETITION NO. 20306 OF 2024 (GM-RES) IN WP No. 20285/2024 BETWEEN: MARIMALLAPPA S EDUCATION TRUST SEETHAVILAS ROAD, K R MOHALLA MYSURU - 570004 REP. BY ITS HON. SECRETARY SRI K N PANCHAKSHARA SWAMY …PETITIONER (BY SRI. M.VEERABHADRAIAH., ADVOCATE) AND: 1. THE STATE INFORMATION COMMISSIONER KARNATAKA INFORMATION COMMISSION, MAHITHI SOUDHA, DEVARAJ URS ROAD, OPPOSITE TO VIDHANA SOUDHA, WEST GATE - 2, BENGALURU – 560001 2. THE DEPUTY DIRECTOR DEPARTMENT OF PRE UNIVERSITY EDUCATION NARAYANASHASHTRI ROAD MYSORE – 570004 Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6135 WP No. 20285 of 2024 C/W WP No. 20289 of 2024 WP No. 20301 of 2024 AND 1 OTHER 3. THE DIRECTOR DEPARTMENT OF PRE UNIVERSITY EDUCATION 18TH CROSS, MALLESHWARAM, BENGALURU – 560003 4. SRI A S MALLIARJUNA SWAMY S/O LATE SIDDAPPA AGED ABOUT 48 YEARS NO 2341 HOSABANDIKERI, 1ST CROSS, NANJUMALIGE, MYSORE - 570004 …RESPONDENTS (BY SRI. SHARATH GOWDA G B., ADVOCATE FOR R1 SRI. MOHAMMED JAFFAR SHAH., AGA FOR R2 & R3 SRI. A.S.MALLIKARJUNA SWAMY., R4–PARTY IN PERSON) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORDS FROM THE R1 THE STATE INFORMATION COMMISSIONER, THE KARNATAKA INFORMATION COMMISSION, BENGALURU OF THE CASE NO. KIC/26401/APL/2023 AND ETC. IN WP NO. 20289/2024 BETWEEN: MARIMALLAPPA S EDUCATION TRUST SEETHAVILAS ROAD, K R MOHALLA, MYSURU-570004 REPRESENTED BY ITS HON SECRETARY SRI K N PANCHAKSHARA SWAMY ...PETITIONER (BY SRI. M.VEERABHADRAIAH., ADVOCATE) - 3 - NC: 2025:KHC:6135 WP No. 20285 of 2024 C/W WP No. 20289 of 2024 WP No. 20301 of 2024 AND 1 OTHER AND: 1. THE STATE INFORMATION COMMISSIONER KARNATAKA INFORMATION COMMISSION, MAHITHI SOUDHA, DEVARAJ URS ROAD, OPPOSITE TO VIDHANA SOUDHA, WEST GATE - 2, BENGALURU - 560001 2. THE DEPPUTY DIRECTOR DEPARTMENT OF PRE UNIVERSITY EDUCATION NARAYANASHASHTRI ROAD MYSORE - 570004 3. THE DIRECTOR DEPARTMENT OF PRE UNIVERSITY EDUCATION 18TH CROSS MALLESHWARAM, BENGALURU – 560003 4. SRI A S MALLIKARJUNA SWAMY S/O LATE SIDDAPPA AGED ABOUT 48 YEARS NO 2341 HOSABANDIKERI, 1ST CROSS, NANJUMALIGE, MYSORE - 570004 ...RESPONDENTS (BY SRI. SHARATH GOWDA G B., ADVOCATE FOR R1 SRI. MOHAMMED JAFFAR SHAH., AGA FOR R2 & R3 SRI. A.S.MALLIKARJUNA SWAMY., R4–PARTY IN PERSON) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORDS FROM THE R-1 THE STATE INFORMATION COMMISSIONER, THE KARNATAKA INFORMATION COMMISSION BENGALURU OF THE CASE NO. KIC/26393/APL/2023.QUASH THE IMPUGNED ORDER DTD. 25.06.2024 PASSED IN CASE NO. KIC/ 26393/ APL/ - 4 - NC: 2025:KHC:6135 WP No. 20285 of 2024 C/W WP No. 20289 of 2024 WP No. 20301 of 2024 AND 1 OTHER 2023 BY THE R-1 THE STATE INFORMATION COMMISSIONER, THE KARNATAKA INFORMATION COMMISSION, BENGALURU AS PER ANNX-A AND ETC. IN WP NO. 20301/2024 BETWEEN: MARIMALLAPPA EDUCATION TRUST SEETHAVILAS ROAD, K R MOHALLA MYSURU - 570004 REPRESENTED BY ITS HON SECRETARY SRI K N PANCHAKSHARA SWAMY. ...PETITIONER (BY SRI. M. VEERABHADRAIAH., ADVOCATE) AND: 1. THE STATE INFORMATION COMMISSIONER KARNATAKA INFORMATION COMMISSION, MAHITHI SOUDHA, DEVARAJ URS ROAD, OPPOSITE TO VIDHANA SOUDHA, WEST GATE - 2, BENGALURU – 560001. 2. THE DEPUTY DIRECTOR DEPARTMENT OF PRE UNIVERSITY EDUCATION NARAYANA SHASHTRI ROAD MYSORE – 570004 3. THE DIRECTOR DEPARTMENT OF PRE UNIVERSITY EDUCATION 18TH CROSS MALLESHWARAM, BENGALURU – 560003 4. SRI A S MALLIKARJUNA SWAMY S/O LATE SIDDAPPA AGED ABOUT 48 YEARS - 5 - NC: 2025:KHC:6135 WP No. 20285 of 2024 C/W WP No. 20289 of 2024 WP No. 20301 of 2024 AND 1 OTHER NO 2341 HOSABANDIKERI, 1ST CROSS, NANJUMALIGE, MYSORE - 570004 ...RESPONDENTS (BY SRI. SHARATH GOWDA G B., ADVOCATE FOR R1 SRI. MOHAMMED JAFFAR SHAH., AGA FOR R2 & R3 SRI. A.S.MALLIKARJUNA SWAMY., R4–PARTY IN PERSON) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORDS FROM THE 1ST RESPONDENT THE STATE INFORMATION COMMISSIONER, THE KARNATAKA INFORMATION COMMISSION, BENGALURU OF THE CASE NO.KIC/26397/APL/2023 AND ETC. IN WP NO. 20306/2024 BETWEEN: MARIMALLAPPA EDUCATION TRUST SEETHAVILAS ROAD, K R MOHALLA MYSURU - 570004 REP. BY ITS HON SECRETARY SRI K.N. PANCHAKSHARA SWAMY ...PETITIONER (BY SRI. M.VEERABHADRAIAH., ADVOCATE) AND: 1. THE STATE INFORMATION COMMISSIONER KARNATAKA INFORMATION COMMISSION, MAHITHI SOUDHA, DEVARAJ URS ROAD, OPPOSITE TO VIDHANA SOUDHA, WEST GATE - 2, BENGALURU - 560001 - 6 - NC: 2025:KHC:6135 WP No. 20285 of 2024 C/W WP No. 20289 of 2024 WP No. 20301 of 2024 AND 1 OTHER 2. THE DEPUTY DIRECTOR DEPARTMENT OF PRE UNIVERSITY EDUCATION NARAYANSHASHTRI ROAD MYSORE - 570004 3. THE DIRECTOR DEPARTMENT OF PRE UNIVERSITY EDUCATION 18TH CROSS, MALLESHWARAM, BENGALURU- 560003 4. SRI A S MALLIKARJUNA SWAMY S/O LATE SIDDAPPA AGED ABOUT 48 YEARS NO 2431, HOSABANDIKERI, 1ST CROSS, NANJUMALLIGE MYSORE - 570004 ...RESPONDENTS (BY SRI. SHARATH GOWDA G B., ADVOCATE FOR R1 SRI. MOHAMMED JAFFAR SHAH., AGA FOR R2 & R3 SRI. A.S.MALLIKARJUNA SWAMY., R4–PARTY IN PERSON) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE R-1 THE STATE INFORMATION COMMISSIONER, THE KARNATAKA INFORMATION COMMISSION, BENGALURU OF THE CASE NO. KIC/26389/APL/2023 QUASH THE IMPUGNED ORDER DTD 25.06.2024 PASSED IN CASE NO.KIC/26389/APL/ 2023 BY THE R-1 THE STATE INFORMATION COMMISSIONER, THE KARNATAKA INFORMATION COMMISSION, BENGALURU AS PER ANNX-A AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 7 - NC: 2025:KHC:6135 WP No. 20285 of 2024 C/W WP No. 20289 of 2024 WP No. 20301 of 2024 AND 1 OTHER CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL COMMON ORDER These four writ petitions have been filed arising out of the four different appeals filed by the 4th respondent seeking four different information from the petitioner- Trust. Therefore, all the four writ petitions are clubbed, heard together and disposed of by this common order. 2. The petitioner an Education Trust, is aggrieved of the impugned order dated 25.06.2024 at Annexure-A, passed by the Chief Information Commission. 3. The 4th respondent had filed certain applications with the petitioner-Trust seeking certain information which pertain to the 4th respondent’s services with the petitioner- Trust or its Educational Institutions. When information was not provided, the 4th respondent filed an appeal before the State Information Commission. A perusal of the impugned order shows that the application was filed on 18.01.2023 with the petitioner-Trust and when no - 8 - NC: 2025:KHC:6135 WP No. 20285 of 2024 C/W WP No. 20289 of 2024 WP No. 20301 of 2024 AND 1 OTHER information was furnished, the 4th respondent approached the appellate authority in terms of Section 19 (1) of the Right to Information Act, 2005 (hereinafter referred to as ‘the RTI Act,’ for short) on 08.09.2023. On 30.05.2024, preliminary enquiry was held by the Commission. Thereafter, notices were issued to the Information Officer of the petitioner-Trust calling for the presence of the Information Officer before the Commission. The notice was issued to Sri.Panchakshari Swamy, the Secretary of the petitioner-Trust, who is also considered as the Public Information Officer. It is stated in the impugned order that despite several notices being issued to the petitioner- Trust and when there was no appearance on behalf of the petitioner-Trust, the Commission was constrained to call upon the Director of Pre-University Education to furnish information as to whether the petitioner-Trust and its Institutions are aided Institutions. Accordingly, Sri.Mohammed Ziyaulla Khan, Assistant Director, Pre- University Education Department, appeared before the - 9 - NC: 2025:KHC:6135 WP No. 20285 of 2024 C/W WP No. 20289 of 2024 WP No. 20301 of 2024 AND 1 OTHER Commission and placed the material stating that the D. Marimallappa Pre-University College, Mysore, is an aided institution. Accordingly, the Commission has proceeded to pass the impugned order. 4. However, the learned Counsel for the petitioner submits that statement of objections was sought to be filed at the hands of the petitioner on 08.04.2024 as could be seen at Annexure-Q. However, there was no sitting on that day and therefore, the statement of objections was forwarded by registered post along with the Vakalath of the learned Counsel. Learned Counsel submits that a stand has been taken by the petitioner in the statement of objections that the petitioner-Trust will not come within the purview of “public authority” as defined under Section 2(h) of the RTI Act. It was sought to be contended that the Trust has not taken any financial assistance from the Central Government or State Government, directly. It was therefore contended that since the petitioner is not a ‘public authority’ falling within confines of the provisions of - 10 - NC: 2025:KHC:6135 WP No. 20285 of 2024 C/W WP No. 20289 of 2024 WP No. 20301 of 2024 AND 1 OTHER the RTI Act, the appeal preferred by the 4th respondent should be dismissed. However, it is pointed to the impugned order that nothing is mentioned about the statement of objections filed by the petitioner-Trust. It is also contended that all the information sought by the 4th respondent has already been given to him and the 4th respondent is in the habit of seeking such information again and again, for the reasons best known for him. 5. Per Contra, learned Counsel Sri.G.B.Sharath Gowda, appearing for the State Information Commission submits that petitioner has itself furnished copies of the communications made by the Deputy Director of Pre- University Department at Annexures-K, L and M, clearly stating that the Secretary of the Trust is required to appear before the Commission to contest the appeal filed at the hands of the 4th respondent herein. The communications were made on 15/11/2023, 18/12/2023, 30/12/2023 and a reply dated 29/01/2024 at Annexure-N, is given by the petitioner to the Deputy Director of the - 11 - NC: 2025:KHC:6135 WP No. 20285 of 2024 C/W WP No. 20289 of 2024 WP No. 20301 of 2024 AND 1 OTHER Pre-University Education Department stating that all information sought by the 4th respondent has already given and there is no need to furnish such information and moreover, the petitioner does not come under the purview of the RTI Act. Learned Counsel would therefore submit that it is very clear from the conduct of the petitioner that it has declined to appear before the Commission. 6. Learned Counsel for the State Information Commission also sought to place reliance on a judgment of the Hon’ble Supreme Court in the case of D.A.V. COLLEGE TRUST AND MANAGEMENT SOCIETY AND OTHERS VS. DIRECTOR OF PUBLIC INSTRUCTIONS AND OTHERS (2019) 9 SCC 185, wherein it was held that NGO/Society/Institution not owned or controlled by Government, not having been created by an Act or Notification, would still fall under the ambit of “public authority” if it is substantially financed directly or indirectly by Government. It was also pointed out that in the said case the Hon’ble Supreme Court found that each - 12 - NC: 2025:KHC:6135 WP No. 20285 of 2024 C/W WP No. 20289 of 2024 WP No. 20301 of 2024 AND 1 OTHER institution of the appellant falls within the ambit of “public authority”, because 40% to 44% of total expenditure of each of the institution, which is about 95% of expenditure of teaching staff is financed by Government and therefore, it was held that the said institution was substantially financed by the Government. It is further submitted that despite opportunity being given to the petitioner-Trust to appear before the Commission and contest the matter, the petitioner has deliberately remained absent and the petitioner should not be permitted to contend before this Court that no opportunity was given to the petitioner. 7. The 4th respondent, party-in-person submits that earlier too, certain other information was sought by him from the Principal of the Marimallappa Pre-University College and when such information was not given, he took up the matter before the State Information Commission and orders were passed by the Commission in case bearing No.20330 APL 2023, as found at Annexure-E. It is pointed out that during the said proceedings, such - 13 - NC: 2025:KHC:6135 WP No. 20285 of 2024 C/W WP No. 20289 of 2024 WP No. 20301 of 2024 AND 1 OTHER objections were not raised by the petitioner that it is not a ‘public authority’ and therefore, it is not obliged to give such information under the RTI Act. However, in the present case, such a stand is sought to be taken by the petitioner, only on the ground that the petitioner is a Trust and not an Educational Institution. The 4th respondent/ party-in-person also submits that before seeking information from the petitioner-Trust, he had also made such application before the Principal of the Institution and the Principal directed him to approach the management and therefore, the 4th respondent was forced to approach the petitioner-Trust, since such information was available only with the management and not with the Principal of the Institution. 8. Having heard the learned Counsel for the petitioner, learned Counsel for the contesting respondents, the 4th respondent/party-in-person and on perusing the petition papers, this Court finds that the petitioner was fully aware of the fact that the 4th respondent had filed an - 14 - NC: 2025:KHC:6135 WP No. 20285 of 2024 C/W WP No. 20289 of 2024 WP No. 20301 of 2024 AND 1 OTHER appeal before the State Information Commission. The communications were also made by the Deputy Directory of the Pre-University Education calling upon the petitioner- Trust to contest the matter before the State Information Commission. It is also a fact that statement of objections were prepared by the petitioner, but was not filed before the Commission. It is only contended before this Court that the statement of objections were sent through registered post. Surely, this is not what is expected from the petitioner-Trust. It has been running an educational institution which has carved out a great reputation not only in Mysore, but also the entire State. At one point of time there were many rank holders from this institution. 9. It is admitted at the hands of the learned Counsel for the petitioner that the institution run by the Trust, is aided. Although, it is also sought to be contended that only a few posts of certain subjects are aided and the entire Institution is not aided, such submissions cannot be countenanced. The primary duty of the petitioner-Trust - 15 - NC: 2025:KHC:6135 WP No. 20285 of 2024 C/W WP No. 20289 of 2024 WP No. 20301 of 2024 AND 1 OTHER was to appear before the Commission, when the notices were issued. Instead of appearing before the Commission, a reply is given by the petitioner-Trust to the Deputy Director stating that it is not a ‘public authority’ and therefore, it need not give any information to the 4th respondent. The argument sought to be canvassed by the learned Counsel for the petitioner that the petitioner-Trust is not aided, but its institution is aided and therefore, the petitioner cannot be held as a ‘public authority’ falling within the definition of Section 2(h) of the Act, also cannot be countenanced. It was for the petitioner to have appeared before the Commission to place relevant information to contest that it is not a ‘public authority’ and it is not obliged to give such information. Despite several notices being received by the petitioner, both at the hands of the Commission as well as the Officers of the Department, the petitioner has failed to apear before the Commission. - 16 - NC: 2025:KHC:6135 WP No. 20285 of 2024 C/W WP No. 20289 of 2024 WP No. 20301 of 2024 AND 1 OTHER 10. In that view of the matter, this Court is of the considered opinion that the case does not call for any interference at the hands of this Court. Consequently, these writ petitions stand dismissed. 11. Pending Interlocutory Application(s), if any, stand(s) disposed of. Sd/- (R DEVDAS) JUDGE DL CT: JL