IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 809 of 2010 (M/S) Anuj Public School Society & 28 others. ……Petitioners Versus The State Information Commissioner & three others. …….Respondents. Mr. Jitendra Chaudhary, Advocate for the petitioners. Mr. Vipul Sharma, Advocate for the respondents No. 1 and 2. Mr. K.P.Upadhyay, Addl. C.S.C. for the respondent No.3. Dated:-03-06-2010 Hon’ble B.S.Verma, J. Heard learned counsel of the parties and perused the record. By means of this writ petition the petitioners have sought a writ in the nature of certiorari for quashing the impugned letter dated 03-05-2010 whereby the respondent No. 3 sought information from the petitioners. Learned counsel for the petitioners has submitted that according to the petitioners they are not public authority. These schools are unaided, self-financed and private managed institutions, the averment to this effect has been made in para no.-7 to the writ petition. Learned counsel for the petitioners placed reliance on the judgment passed by this Court on 09-02-2010 in writ petition No. 2038 of 2009 (M/S) and 12 others, which has been annexed as annexure- 1 to the writ petition. I have perused the judgment of this court, it has been held that the similarly situated petitioners in that writ petition were the private institutions and the Court has observed that they would be 2 treated as third party for the purpose of Right to Information Act. If any information was to be sought from the institution, the notice under Section-11 of the Right to Information Act, 2005 (hereinafter referred to as the ‘Act’) can be given to them and they are obliged to give information, if it is not covered under Section-8 of the Act. The petitioners have also filed the supplementary affidavit and it reveals from the Annexure No.2 of the supplementary affidavit that it is a letter written by the respondent no.3 wherein a direction was given to petitioner No. 21 to give information directly to the respondent No.4. In view of the judgment of this court they are not public authority but the petitioners are obliged to give information to the Public Information Officer of the Education Department, if not covered under Section-8 of the Act. However, the petitioners are directed to give information to the respondent No.3, if the information is not covered under Section-8 of the Act, within 2 week from the date of production of certified copy of this order. With the above observation and direction the writ petition is disposed of finally. All pending applications stand disposed of accordingly. (B.S.Verma, J.) 03-06-2010 JM