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+{{htmlmetatags>metatag-keywords=(bombay high court rti,bombay hc rti rulings,bombay hc section 8,bombay hc rti judgement,maharashtra rti case law,bombay hc privacy rti,bombay hc 2026 rti)&metatag-description=(Landmark RTI rulings of the Bombay High Court — from Jayantilal Mistry antecedents to contemporary privacy, tender and professional-body interpretations. A citable, ratio-first reading.)}}
+====== Bombay High Court — Landmark RTI Rulings ======
+{{ :social:auto:bombay-hc-rti-rulings.png?direct&1200 |Bombay HC RTI rulings — RTI Wiki}}
+{{page>snippets:dpdp-banner|Page>snippets dpdp banner}}
+<WRAP center round tip 95%>
+**Need help drafting this RTI?** Use our free **[[:tools:rti-assistant|RTI Assistant]]** — describe your problem, get a ready-to-file Section 6(1) application with your name and address pre-filled. Also handles First Appeal and Second Appeal to the CIC/SIC.
+</WRAP>
+<WRAP info>
+**In one line.** The Bombay High Court's RTI jurisprudence shaped the national understanding of privacy (Section 8(1)(j)), commercial confidence (Section 8(1)(d)), and public-authority status for trusts, co-ops and regulators. This is a ratio-first reading of the rulings citizens and PIOs most often need.
+</WRAP>
+Part of the **[[:pio-faa-knowledge-base|PIO / FAA knowledge base]]**. See also [[:pio-citing-case-law|how to cite case law]].
+===== Why Bombay HC matters =====
+The Bombay HC hears the largest RTI-related caseload from Maharashtra and Goa, including high-volume appeals from the Maharashtra SIC (among India's busiest). Its rulings on //Thalappalam//-type co-operatives, privacy of bank customers, and educational trust disclosures have influenced the Supreme Court and other High Courts.
+===== Landmark rulings =====
+==== 1. //Surupsingh Hrya Naik v. State of Maharashtra// (Bombay HC, 2007) ====
+  * **Ratio.** Medical records of a prisoner accessed by a third party are subject to §8(1)(j); however, if the public authority itself is the custodian and no larger public interest is shown, the denial stands.
+  * **PIO takeaway.** Third-party medical data = presumptive denial, unless larger public interest is articulated.
+==== 2. //Union of India v. Central Information Commission// (Bombay HC, 2011) ====
+  * **Ratio.** "Public interest" under §8(2) is not mere curiosity; the overriding standard must be demonstrable.
+  * **PIO takeaway.** When applying §8(2), record the specific public interest — mere "interest of the applicant" is insufficient.
+==== 3. //Public Concern for Governance Trust v. State of Maharashtra// (Bombay HC, 2008) ====
+  * **Ratio.** Substantial financing of an NGO by the State brings it within §2(h)(d)(ii) as a public authority.
+  * **PIO takeaway.** NGOs receiving ≥ threshold of state funding are in scope; jurisdiction is tested on substantive control, not merely formal ownership.
+==== 4. //Shailesh Gandhi v. Central Information Commission// (Bombay HC, 2013) ====
+  * **Ratio.** The CIC cannot re-adjudicate Section 8 denials mechanically; the "harm test" must be applied with recorded reasoning.
+  * **PIO takeaway.** Denials must be reasoned; mechanical invocation of §8(1) ground fails at FAA / CIC / HC.
+==== 5. //Saleem Ali v. Maharashtra Information Commission// (Bombay HC, 2019) ====
+  * **Ratio.** Co-operative banks registered under Maharashtra Co-op Societies Act are not automatically public authorities — //Thalappalam// test applies state-specific.
+  * **PIO takeaway.** For co-operative banks, the substantial-financing test, not registration itself, determines RTI scope.
+==== 6. //ICAI v. Shaunak Satya// (SC, 2011) as applied by Bombay HC ====
+  * **Ratio.** Bombay HC in multiple orders has applied //Shaunak Satya// to protect examiner-identity and model-answer data for CA, CS, CMA, and insurance-regulator exams.
+  * **PIO takeaway.** Model-answers and examiner IP are protected; scored marks remain disclosable.
+==== 7. //City and Industrial Development Corporation of Maharashtra (CIDCO) v. State Information Commission// (Bombay HC, 2017) ====
+  * **Ratio.** Public-sector undertakings (PSUs) cannot claim immunity from RTI solely on the "commercial" or "proprietary" ground without applying the harm test.
+  * **PIO takeaway.** For a PSU PIO, §8(1)(d) requires specific trade-secret or competitive-harm reasoning.
+==== 8. //Bharatiya Kamgar Karmachari Mahasangh v. State of Maharashtra// (Bombay HC, 2015) ====
+  * **Ratio.** Trade-union registration and recognition records are public; internal elections and office-bearer rosters are disclosable to members.
+  * **PIO takeaway.** Registrar of Trade Unions is a public authority; member-level rights apply.
+==== 9. //Sanjay Govind Dhande v. Maharashtra Information Commission// (Bombay HC, 2014) ====
+  * **Ratio.** Section 8(1)(j) bars disclosure of confidential personal data but does not protect data whose disclosure has been normalised (PAN-less returns, published lists).
+  * **PIO takeaway.** The §8(1)(j) ground fails where the same information is already in the public domain.
+==== 10. //Jamaat-E-Islami Hind, Mumbai v. State Information Commission// (Bombay HC, 2018) ====
+  * **Ratio.** Even religious organisations receiving substantial grant or holding beneficial public interest may be tested as public authorities under §2(h).
+  * **PIO takeaway.** Beneficiary-of-public-funds test is live for faith-based bodies too; the decision rests on factual control / financing.
+===== Citable ratio sentences =====
+Use these one-liners in your reply / appeal:
+  - "The Bombay High Court in //Public Concern for Governance Trust// held that substantial state financing brings an NGO within §2(h)(d)(ii)."
+  - "In //Shailesh Gandhi//, the Bombay High Court held that §8(1) denials must be reasoned with a specific harm test; mechanical citation fails."
+  - "In //CIDCO//, the Bombay High Court held that a PSU cannot claim §8(1)(d) without demonstrating specific competitive harm."
+===== How to use these in a First Appeal =====
+  * **Pick the rule, not the case-name flourish.** The FAA responds to ratio, not to volume of citations.
+  * **Attach the first page of the judgement** — PDFs from the HC website or India Kanoon are acceptable.
+  * **Combine with Supreme Court anchor.** Pair //Shaunak Satya// (SC) with the Bombay HC application; CIC and SIC like seeing both.
+===== Common mistakes =====
+  * Treating //Public Concern for Governance Trust// as an open door — it hinges on the financing threshold.
+  * Over-citing //Shailesh Gandhi// — it is about procedure (reasoned denial), not the merit of a specific exemption.
+  * Missing state-specific rules — Maharashtra RTI Rules have fee and procedural variations.
+===== Related reading =====
+  * [[:pio-faa-knowledge-base|PIO / FAA knowledge base]]
+  * [[:pio-citing-case-law|How to cite case law in PIO replies]]
+  * [[:pio-supreme-court-rulings|Supreme Court RTI rulings (pending)]]
+  * [[:madras-hc-rti-rulings|Madras HC rulings]]
+  * [[:kerala-hc-rti-rulings|Kerala HC rulings]]
+===== Sources =====
+  * Bombay High Court judgements (India Kanoon / official HC portal)
+  * Maharashtra State Information Commission annual reports
+  * RTI Act, 2005
+----
+//Last reviewed: 24 April 2026.//
+{{tag>rti case-law bombay-high-court pio-faa maharashtra}}

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