The Delhi High Court has ruled that a deemed university does not fall under the definition of a “public authority” as per the Right to Information (RTI) Act unless it is controlled or financed by the government. The court made this decision in response to a petition by an RTI applicant seeking information regarding students who completed their MSc in Chemistry through distance learning from Vinayak Mission University, a deemed university, between 2007 and 2011.
The Chief Information Commissioner (CIC) had denied the information, stating that the university was not a public authority and the data pertained to its internal administration. Upholding the CIC’s decision, Justice Subramonium Prasad emphasized that the RTI Act applies to entities, including non-government organizations, that are owned, controlled, or substantially financed by the government. The court clarified that merely being deemed a university under UGC notification does not automatically categorize it as a public authority under the RTI Act.
The court cited a recent decision by a Full Bench of the Bombay High Court affirming that designation as a university by UGC notification does not equate to public authority status under the RTI Act. The petitioner argued that the University Grants Commission (UGC), as custodian and a public authority, should be obligated to provide the requested information. However, the court found the information to be of a personal nature and exempted under the RTI Act. It noted the absence of sufficient evidence demonstrating public interest significant enough to outweigh privacy concerns of the individuals involved.
Consequently, the court upheld the CIC’s decision, concluding that Vinayak Mission University, being a deemed university without direct government control or financing, does not qualify as a public authority under the RTI Act.
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