- 1 - HC-KAR NC: 2026:KHC:6992-DB WA No. 355 of 2025 C/W WA No. 356 of 2025 WA No. 358 of 2025 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 355 OF 2025 (GM-RES) C/W WRIT APPEAL NO. 356 OF 2025 (GM-RES) WRIT APPEAL NO. 358 OF 2025 (GM-RES) WRIT APPEAL NO. 386 OF 2025 (GM-RES) IN WA No. 355/2025 BETWEEN: 1. MARIMALLAPPA'S EDUCATION TRUST SEETHAVILAS ROAD K.R. MOHALLA MYSURU - 570 004 REPRESENTED BY IT'S HON. SECRETORY SRI K.N. PANCHAKSHARA SWAMY …APPELLANT (BY SRI M. VEERABHADRAIAH, ADVOCATE) AND: 1. THE STATE INFORMATION COMMISSIONER KARNATAKA INFORMATION COMMISSION MAHITHI SOUDHA, DEVARAJ URS ROAD OPP. TO VIDHANA SOUDHA, WEST GATE-2 BENGALURU - 560 001 Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6992-DB WA No. 355 of 2025 C/W WA No. 356 of 2025 WA No. 358 of 2025 AND 1 OTHER 2. THE DEPUTY DIRECTOR DEPARTMENT OF PRE-UNIVERSITY EDUCATION NARAYANSHASTHRI ROAD MYSORE - 570 004 3. THE DIRECTOR DEPARTMENT OF PRE-UNIVERSITY EDUCATION 18TH CROSS, MALLESWARAM BENGALURU - 560 003 4. SRI A.S. MALLIKARJUNA SWAMY S/O LATE SIDDAPPA AGED ABOUT 48 YEARS NO. 2431, HOSABANDIKERI, 1ST CROSS NANJUMALIGE, MYSORE - 570 004 …RESPONDENTS (BY SMT. NAMITHA MAHESH B.G., AGA FOR R-1 TO 3 & SRI A.S. MALLIKARJUNA SWAMY, R-4 - PARTY-IN-PERSON) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE JUDGEMENT DATED 11/02/2025 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN W.P. NO.20301/2024 (GM-RES). CONSEQUENTLY, DECLARE THAT THE ORDER DATED 25/06/2024 PASSED BY THE 1ST RESPONDENT THE STATE INFORMATION COMMISSIONER IN CASE NO.KIC 26397 APL 2023 IS TOTALLY CONTRARY TO THE LAW DECLARED BY THE APEX COURT AND THAT THE PETITIONER TRUST IS NOT A PUBLIC AUTHORITY AS DEFINED U/S 2(h) OF THE RIGHT TO INFORMATION ACT, 2005 AND THE TRUST WILL NOT COME WITHIN THE PURVIEW OF THE SCHEME OF THE RTI ACT 2005 AND THE 1ST RESPONDENT PASSED THE ORDER CONTRARY TO THE SCHEME OF THE ACT AND WITHOUT JURISDICTION AND AGAINST THE PRINCIPLES OF NATURAL JUSTICE. - 3 - HC-KAR NC: 2026:KHC:6992-DB WA No. 355 of 2025 C/W WA No. 356 of 2025 WA No. 358 of 2025 AND 1 OTHER IN WA NO. 356/2025 BETWEEN: 1. MARIMALLAPPA'S EDUCATION TRUST SEETHAVILAS ROAD K.R. MOHALLA MYSURU - 570 004 REPRESENTED BY IT'S HON. SECRETORY SRI K.N. PANCHAKSHARA SWAMY ...APPELLANT (BY SRI M. VEERABHADRAIAH, ADVOCATE) AND: 1. THE STATE INFORMATION COMMISSIONER KARNATAKA INFORMATION COMMISSION MAHITHI SOUDHA, DEVARAJ URS ROAD OPP. TO VIDHANA SOUDHA WEST GATE - 2 BENGALURU - 560 001. 2. THE DEPUTY DIRECTOR DEPARTMENT OF PRE-UNIVERSITY EDUCATION NARAYANSHASTHRI ROAD MYSORE - 570 004 3. THE DIRECTOR DEPARTMENT OF PRE-UNIVERSITY EDUCATION 18TH CROSS, MALLESWARAM BENGALURU - 560 003 4. SRI A.S. MALLIKARJUNA SWAMY S/O LATE SIDDAPPA AGED ABOUT 48 YEARS NO.2431, HOSABANDIKERI - 4 - HC-KAR NC: 2026:KHC:6992-DB WA No. 355 of 2025 C/W WA No. 356 of 2025 WA No. 358 of 2025 AND 1 OTHER 1ST CROSS, NANJUMALIGE MYSORE - 570 004 ...RESPONDENTS (BY SMT. NAMITHA MAHESH B.G., AGA FOR R-1 TO 3 & SRI A.S. MALLIKARJUNA SWAMY, R-4 - PARTY-IN-PERSON) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE JUDGMENT DATED 11.02.2025 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN W.P.No.20306/2024 (GM-RES) CONSEQUENTL, DECLARE THAT THE ORDER DATED 25.06.2024 PASSED BY THE 1ST RESPONDENT THE STATE INFORMATION COMMISSIONER IN CASE No.KIC 26389 APL 2023 IS TOTALLY CONTRARY TO THE LAW DECLARED BY THE APEX COURT AND THAT THE PETITIONER TRUST IS NOT A PUBLIC AUTHORITY AS DEFINED U/S 2(h) OF THE RIGHT TO INFORMATION ACT, 2005 AND THE TRUST WILL NOT COME WITHIN THE PURVIEW OF THE SCHEME OF THE RTI ACT 2005 AND THE 1ST RESPONDENT PASSED THE ORDER CONTRARY TO THE SCHEME OF THE ACT AND WITHOUT JURISDICTION AND AGAINST THE PRINCIPLES OF NATURAL JUSTICE & ETC. IN WA NO. 358/2025 BETWEEN: 1. MARIMALLAPPA'S EDUCATION TRUST SEETHAVILAS ROAD K.R. MOHALLA MYSURU - 570 004 REP BY ITS HON. SECRETARY SRI K.N. PANCHAKSHARA SWAMY ...APPELLANT (BY SRI M.VEERABHADRAIAH, ADVOCATE) - 5 - HC-KAR NC: 2026:KHC:6992-DB WA No. 355 of 2025 C/W WA No. 356 of 2025 WA No. 358 of 2025 AND 1 OTHER AND: 1. THE STATE INFORMATION COMMISSIONER KARNATKAA INFORMATION COMMISSION MAHITHI SOUDHA DEVARAJ URS ROAD OPP. TO VIDHANA SOUDHA WEST GATE - 2 BENGALURU - 560 001 2. THE DEPUTY DIRECTOR DEPARTMENT OF PRE-UNIVERSITY EDUCATION NARAYANASHASTRI ROAD MYSORE - 570 004 3. THE DIRECTOR DEPARTMENT OF PRE-UNIVERISTY EDUCATION 18TH CROSS, MALLESHWARAM BENGALURU - 560 003 4. SRI A.S. MALLIKARJUNA SWAMY S/O LATE SIDDDAPPA AGED ABOUT 48 YEARS No.2431, HOSABANDIKERI 1ST CROSS, NANJUMALIGE MYSORE - 570 004 ...RESPONDENTS (BY SMT. NAMITHA MAHESH B.G., AGA FOR R-1 TO 3 & SRI A.S. MALLIKARJUNA SWAMY, R-4 - PARTY-IN-PERSON) THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE JUDGMENT DATED 11.02.2025, PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN W.P.No.20285/2024 (GM-RES). CONSEQUENTLY DECLARE THAT THE ORDER DATED 25.06.2024 PASSED BY THE 1ST RESPONDENT THE STATE INFORMATION COMMISSIONER IN - 6 - HC-KAR NC: 2026:KHC:6992-DB WA No. 355 of 2025 C/W WA No. 356 of 2025 WA No. 358 of 2025 AND 1 OTHER CASE No.KIC 26401 APL 2023 IS TOTALLY CONTRARY TO THE LAW DECLARED BY THE APEX COURT AND DECLARE THAT THE PETITIONER TRUST IS NOT A PUBLIC AUTHORITY AS DEFINED U/S 2(h) OF THE RIGHT TO INFORMATION ACT 2005 AND THE TRUST WILL NOT COME WITHIN THE PURVIEW OF THE SCHEME OF THE RTI ACT 2005 AND 1ST RESPONDENT PASSED THE ORDER CONTRARY TO THE SCHEME OF THE ACT AND WITHOUT JURISDICTION AND AGAINST THE PRINCIPLES OF NATURAL JUSTICE. IN WA NO. 386/2025 BETWEEN: 1. MARIMALLAPPA'S EDUCATION TRUST SEETHAVILAS ROAD K.R. MOHALLA MYSURU - 570 004 REPRESENTED BY IT'S HON. SECRETORY SRI K.N. PANCHAKSHARA SWAMY ...APPELLANT (BY SRI M. VEERABHADRAIAH, ADVOCATE) AND: 1. THE STATE INFORMATION COMMISSIONER KARNATAKA INFORMATION COMMISSION MAHITHI SOUDHA DEVARAJ URS ROAD OPP. TO VIDHANA SOUDHA WEST GATE-2, BENGALURU - 560 001 2. THE DEPUTY DIRECTOR DEPARTMENT OF PRE-UNIVERSITY EDUCATION NARAYANSHASTHRI ROAD MYSORE - 570 004 - 7 - HC-KAR NC: 2026:KHC:6992-DB WA No. 355 of 2025 C/W WA No. 356 of 2025 WA No. 358 of 2025 AND 1 OTHER 3. THE DIRECTOR DEPARTMENT OF PRE-UNIVERSITY EDUCATION 18TH CROSS, MALLESWARAM BENGALURU - 560 003 4. SRI A.S. MALLIKARJUNA SWAMY S/O LATE SIDDAPPA AGED ABOUT 48 YEARS NO. 2431, HOSABANDIKERI 1ST CROSS, NANJUMALIGE MYSORE - 570 004 ...RESPONDENTS (BY SMT. NAMITHA MAHESH B.G., AGA FOR R-1 TO 3 & SRI A.S. MALLIKARJUNA SWAMY, R-4 - PARTY-IN-PERSON) THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE JUDGMENT DATED 11.02.2025 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WP No.20289/2024 (GM-RES). CONSEQUENTLY, DECLARE THAT THE ORDER DATED 25.06.2024 PASSED BY THE 1ST RESPONDENT THE STATE INFORMATION COMMISSIONER IN CASE No. KIC 26393 APL 2023 IS TOTALLY CONTRARY TO THE LAW DECLARED BY THE APEX COURT AND THAT THE PETITIONER TRUST IS NOT A PUBLIC AUTHORITY AS DEFINED U/S 2(h) OF THE RIGHT TO INFORMATION ACT, 2005 AND THE TRUST WILL NOT COME WITHIN THE PURVIEW OF THE SCHEME OF THE RTI ACT 2005 AND THE 1ST RESPONDENT PASSED THE ORDER CONTRARY TO THE SCHEME OF THE ACT AND WITHOUT JURISDICTION AND AGAINST THE PRINCIPLES OF NATURAL JUSTICE & ETC. - 8 - HC-KAR NC: 2026:KHC:6992-DB WA No. 355 of 2025 C/W WA No. 356 of 2025 WA No. 358 of 2025 AND 1 OTHER THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant-Marimallappa's Education Trust, common in all the appeals, has filed the present appeals impugning a common order dated 11.02.2025 passed by the learned Single Judge of this Court in W.P.No.20285/2024 (GM-RES) connected with W.P.No.20289/2024 (GM-RES), W.P.No.20301/2024 (GM-RES) and W.P.No.20306/2024 (GM-RES). 2. The appellant had filed the said writ petitions impugning an orders dated 25.06.2024 passed by the State Information Commissioner, Karnataka Information Commission [KIC] in Case Nos.KIC/26401/APL/2023, KIC/26393/APL/2023, KIC/26397/APL /2023 and KIC/26389/APL/2023 respectively. The KIC had held that the appellant is a public authority within the meaning of Section - 9 - HC-KAR NC: 2026:KHC:6992-DB WA No. 355 of 2025 C/W WA No. 356 of 2025 WA No. 358 of 2025 AND 1 OTHER 2(h) of the Right To Information Act, 2005 and had imposed a penalty on the appellant and on the Public Information Officer. 3. It is the appellant's case that the said decision is without jurisdiction as the appellant is not a public authority. 4. The record indicates that the appellant had not appeared before the KIC. 5. The learned Single Judge had declined to interfere with the orders passed by the KIC, inter alia, on the ground, that the appellant had been remiss in appearing before the KIC and had failed to place the relevant information to canvass its submission that it is not a public authority. The learned Single Judge had also faulted the appellant for ignoring the notices issued by the KIC. 6. The question whether the appellant is a public authority is a contentious one. In the given facts, we consider it apposite to afford the appellant yet another opportunity to appear before the KIC to canvass its contention on the said issue. 7. Accordingly, we set aside the impugned order as well as the orders passed by the KIC, which were impugned in the writ - 10 - HC-KAR NC: 2026:KHC:6992-DB WA No. 355 of 2025 C/W WA No. 356 of 2025 WA No. 358 of 2025 AND 1 OTHER petitions and remand the matter to the KIC for consideration afresh. The parties shall appear before the KIC on 27.02.2026. The parties are also at liberty to file such further documents as they consider relevant to the issue. 8. Since it is conceded that the appellant has been remiss in not pursuing the matter before the KIC, we also consider it appropriate to direct that this order is subject to the appellant paying costs of Rs.5,000/- each to respondent No.4 (cumulative sum of `20,000/-) on or before 27.02.2026 (the date of hearing fixed before the KIC). 9. The appeals are disposed of in the aforesaid terms. 10. Pending applications stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KPS List No.: 2 Sl No.: 24