Specious logic

[sidmis]

SPECIOUS LOGIC
as reported in the The Telegraph, October 8 , 2008

Under the provisions of the Right to Information Act, a public authority is bound to provide facts and figures he has access to should anyone seek them.

When some people sought information on the fee structure and the curriculum of an educational institution, the latter refused to disclose the data. The institution contended that since the government had reduced its financial aid from 95 per cent to 45 per cent, it had become a private body and so the Act was not applicable to it any more.

The Punjab and Haryana High Court rejected the plea. It said the institution had earlier been granted special aid for building infrastructure and that reduction in grants did not mean that it was no longer a public authority. (D.A.V. College Trust & Management Society and others vs Director of Public Instruction and others)

The Telegraph - Calcutta (Kolkata) | Opinion | Specious logic

[abhi987]

I feel there is a very big confusion.

Somehow the word has spread that only entities sustantially aided and funded by the govt are covered under the RTI Act.

It seems people have skipped sec. 2 (f) of the Act.

Sec. 2 (f) "and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;"

The Public Authority should be deciding on the lines whether the information if required was available to us if we wanted to, and if yes then the information should be provided to the person requesting it.

Sec. 8 (j) also seem to be relevant here:

Sec. 8 (j) Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.

Hence irrespective of whether the entity is substantially aided or funded by the govt, if the information is accessible to a Public Authority it has to be made available to the person requesting it.

The only point that remains is whether the information was accesible by the Public Authority or not?

If Yes the information has to be provided and if No well....

[jps50]

Pl refer my blog at http://www.rtiindia.org/forum/blogs/...under-rti.html