DAV College Trust v. Director: SC 2019
Quick Reply: Non-government educational trusts receiving substantial government aid are 'public authorities' under §2[h]. Non-govt colleges receiving substantial State.
Supreme Court of India · 2019-09-17 · (2019) 9 SCC 185 · ★ Landmark
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.
Case details
| Court | Supreme Court of India |
|---|---|
| Decided | 2019-09-17 |
| Citation | (2019) 9 SCC 185 |
| Bench | Deepak Gupta, Aniruddha Bose |
| Petitioner | D.A.V. College Trust |
| Respondent | Director of Public Instructions (Colleges) & Ors. |
| RTI Act sections | §2(h) |
| Outcome | Lead appeal CA 9828/2013 dismissed, companion appeals remitted to the High Court |
Outcome
Non-government educational trusts receiving substantial government aid are 'public authorities' under §2(h).
Ratio decidendi
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).
Keywords
§2(h), educational institutions, substantial financing, DAV
This case cites
Later rulings that cite this case
- Aided private schools under RTI — Bombay HC (HC-BOM 2019)
Similar cases in the corpus
- §2(h) applied to grant-receiving NGO (SC 2014)
- Cooperative banks under RTI — Kerala HC (HC-KER 2017)
Related
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Editorial summary ·