D A V College Trust and Management Society v/s. Director of Public Instruction
- Ritika Kanwar, Nirma University Ahmedabad
- January 10, 2021
Content :
The following is a brief case analysis of the case titled D.A.V. College Trust and Management Society v. Director of Public Instructions dated September 17, 2019(hereinafter referred to as ‘2019 Case’). The said case majorly revolves around the issue whether the definition of ‘public authority’ under Section 2 (h) of Right to Information Act, 2005 (hereinafter referred to as ‘2005 Act’) is inclusive of Non- Governmental Organisations (hereinafter referred to as ‘NGOs’). The division bench, consisting of Justice Deepak Gupta and Justice Aniruddha Bose, of the apex court interpreted the term ‘substantially financed by the government’ and removed the ambiguities related with the meaning and ambit of the term ‘public authority’.
Moreover, it has broadened the scope of information that can be accessible by public at large. The apex court, in this case, has interpreted the 2005 Act with a purposive approach by making various bodies, organizations and institutions like NGOs accountable to provide information which and when asked for. Along with widening the scope of the 2005 Act, the apex court, in this case, has also strived to promote transparency among functioning of public authorities and their instrumentalities while engaging in public transactions.
