DAV College Trust v. Director: SC 2019

Non-government educational trusts receiving substantial government aid are 'public authorities' under §2[h]. Non-govt colleges receiving substantial State.

Non-govt colleges receiving substantial State financing fall within §2(h); must appoint PIOs.

Non-government educational trusts receiving substantial government aid are 'public authorities' under §2(h).

Whether a body or NGO is “substantially financed” under §2(h) is a question of fact in each case, not a percentage test. Funding above 50% may still not be substantial, and funding well below 50% may be. The working test is whether the body could carry on its activities effectively without government finance. Indirect financing counts too. Land given free or at a heavy discount can by itself amount to substantial financing. On the facts, the D.A.V. colleges and school were substantially financed and are public authorities under §2(h).

§2(h), educational institutions, substantial financing, DAV

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