PRESENTED TO –INVERTIS

UNIVERSITY
DR. Arvind Kumar Shukla
ANITA V/S XPDMI
INSTITUTE
RTI ACT (2005)
PRESENTED BY -
Aditi Singh (Co-ordinator)
Shriyanshi Rastogi
Yukta Singh
Farzana
Shafaque Modi
CONTENTS OF THIS PRESENTATION
1. INTRODUCTION

2. ISSUE OF THE CASE

3. FACTS OF THE CASE

4. APPLICABILITY OF LAW

5. JUDGEMENT OF THE CASE

6. CONCLUSIVE REMARK
 INTRODUCTION
● Anita has enrolled for the P.G. Diploma in management
offered by XPDMI Institute affiliated to a University, which
receives funds from the University Grants Commission.

● Anita who is the P.G student wants to know about the

norms laid down for evaluating the answer sheets of
one of her mid-term examination papers and submits an
RTI application to the Principal.

● The institute has to submit all relevant records about the mid-
term examinations to the University.

● A friend suggests that she should apply to the PIO of the

University and that there is a chance that she might get
the relevant information.
 ISSUE OF THE CASE

The final examination

for the students in their
second year is
conducted by the
University, even though
the mid-term exams
are the responsibility of
the Institute - which is a
privately funded entity.
The PIO cannot reject
Anita's application on
the grounds, that, even
though the information
is held by the
university, it cannot be
given since it pertains
to a private entity

The Management
tells her that the
Institute is a private
entity and is not
bound by RTI Act,
2005.
 FACTS OF THE CASE
As the XPDMI institute is affiliated to the
University, as a Supervising Authority over all
the Institutes affiliated to it, it shall
proactively disclose the information such as
“The procedure followed in the decision
making process, including channels of
supervision and accountability; the norms set
by it for the discharge of its functions; the
rules, regulations, instructions, manuals and
records, held by it or under its control and the
manner of execution of subsidy programmed,
including the amounts allocated and the
details of beneficiaries of such programmed”
RTI act, “information also defined any material
in any form, including records, documents,
memos, e-mails, opinions, advices, press
releases, circulars, orders, logbooks, contracts,
reports, papers, samples, models, data material
held in any electronic form and information
relating to any private body which can be
accessed by a public authority under any other
law for the time being in force;”. Hence, the
PIO/FAA of the university should not reject the
required information to Anita, whether it is
related to a private entity or not, as the
university has an access to the or possess the
information of that Private institute.
APPLICABILITY OF LAW
The RTI act 2005 gave a right to information to
every citizen of India. u/s 2(j) of the right to
information act, 'Right to information' means the
right to information accessible under the RTI Act,
which is held by or under the control of any public
authority and includes the right to –
(i) inspection of work, documents, records;
(ii) taking notes, extracts or certified copies of
documents or records;
(iii) taking certified samples of material;
(iv) obtaining information in the form of diskettes,
floppies, tapes, video cassettes or in any other
electronic mode or through printouts where
such information is stored in a computer or in
any other device; u/s 2(f) of RTI.
Contd.
As the XPDMI institute is affiliated to the
University, as a Supervising Authority over all the
Institutes affiliated to it, it shall proactively disclose
the information as per the sub sections (b) (c) (d) of
section 4 of RTI act 2005.
 JUDGEMENT OF THE CASE
 The PIO/FAA of the university should not reject the
required information to Anita, whether it is related to a
private entity or not, as the university has an access to
the or possess the information of that Private institute.

 Hence, the University as a public authority, the PIO has

to provide the required information to the Anita.

 And also the PIO cannot reject Anita's application on

the grounds, that, even though the information is held
by the university, it cannot be given since it pertains to
a private entity.
 —CONCLUSIVE REMARK

As Anita’s friend suggests that she should apply to the PIO

of the University and that there is a chance that she might
get the relevant information. The friend also suggests that
she should first find out if the information she is looking for
is disclosed proactively by the University.

I believe Anita's friend's advice is correct. As the XPDMI

institute is affiliated to the University, as a Supervising
Authority over all the Institutes affiliated to it, it shall
proactively disclose the information
Thank You !