RTI applies to Dr Ambedkar Medical College as govt has provided it with Rs1,000 cr worth land: HC

NT Correspondent

Bengaluru: A division bench of the High Court of Karnataka on December 5 upheld the order of a single-judge bench that the Ananda Social and Educational Trust which runs the Dr BR Ambedkar Medical College comes under the Right to Information (RTI) Act as it has been substantially funded by the Government.

Pointing to the earlier single judge order, the division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit said, “The learned Single Judge at para 14 has rightly observed as under: “In the present case, 25 acres of land in Kadugondanahalli village can easily be valued today at more than a thousand Crore rupees and therefore, the petitioner cannot contend that it is not substantially financed by the State Government. In that view of the matter, the finding of the respondent No.1 that the petitioner is a public authority under Section 2(h) of the Act of 2005 is fully justified and does not call for any interference.”

The Trust had filed two appeals against Shivalingaswamy, a resident of Bengaluru who had filed RTI applications seeking certain details. The Karnataka Information Commission (KIC) had ruled in favour of Shivalingaswamy which was challenged by the Trust in the HC.

When the single judge bench dismissed the two petitions, it filed the two appeals before the division bench. The division bench gave a common order on the two appeals.

The Counsel for the Trust argued that the “Trust is neither a NonGovernment Organization nor it is owned, controlled or substantially financed by the State Government and therefore, is miles away from the frame of the Right Information Act, 2005.”

He contended that the single judge had grossly erred in dismissing the petitions. The division bench however refused to interfere saying that the single judge had given his judgement based on Supreme Court judgements.

“We decline indulgence in the matter broadly agreeing with the reasoning of the learned Single Judge who has framed the impugned order keeping in view inter alia the provisions of Section 2(h) of the 2005 Act and several Apex Court decisions holding the field.”

Citing the Supreme Court judgement in the Thalappam Service Cooperative Bank Vs State of Kerala, the HC said that the value of the land granted by the State will have to be evaluated not on the date of allotment but on the date when the question of funding is raised.

“The very establishment of such an institution, if it is dependent on the largesse of the State in getting the land at a cheap price, would mean that it is substantially financed. Merely because financial contribution of the State comes down durin`g the actual funding, will not by itself mean that the indirect finance given is not to be taken into consideration. The value of the land will have to be evaluated not only on the date of allotment but even on the date when the question arises as to whether the said body or NGO is substantially financed,” the bench said dismissing the two appeals.