BIT Ballarpur
Clarification regarding the applicability of the Right to Information Act, 2005 to Ballarpur Institute of Technology and its parent Public Trust.
As per the clarification raised with respect to RTI, the Hon'ble High Court Judgment has been uploaded on our website.
Ballarpur Institute of Technology, Bamni, Ballarpur is an established college under Krushi Jivan Vikas Pratishthan, Yenbodi (Reg. No. F-294), which is a 'Public Trust'. As per the judgment of the Hon'ble High Court dated 20.08.2009, RTI Section 4(1)(b) of the RTI Act 2005 is not applicable to a 'Public Trust' (Page No. 8, Point No. 8 & 9).
For reference, a copy of the said Judgment is also placed on the website below.
The Hon'ble High Court held that an unaided private engineering college and its parent Public Trust, which are neither established/constituted by law nor substantially financed or controlled by the appropriate Government, do not fall within the definition of 'Public Authority' under Section 2(h) of the Right to Information Act, 2005. Regulatory oversight over admissions, fees and courses, or reimbursement of fees for reserved-category students, does not amount to such control or substantial financing. Accordingly, the provisions of the RTI Act do not apply to such institutions.
The institute's RTI response along with the complete copy of the Hon'ble High Court Judgment is available below.
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