IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1269 of 2010 (M/S) Prabandh Karini Sabha D.A.V. Higher Secondary School Jhabreda, District Haridwar Through its Manager/Secretary Chaudhary Kulveer Singh and another. ……Petitioners Versus State of Uttarakhand and others. …….Respondents Mr. Ghanshyam Joshi, Advocate, holding brief of Mr. Arvind Vashistha, counsel for the petitioners. Mr. N.P. Sah, Standing Counsel for respondents No. 1 to 3. Mr. S.K. Mandal, Advocate for respondent No. 4. Dated:-30-08-2010 Hon’ble B.S.Verma, J. Heard learned counsel for the petitioners and that of respondents No. 1 to 3, as well as Mr. S.K. Mandal, Advocate, who has filed his power on behalf of respondent No. 4. By means of this writ petition, the petitioners have sought a writ in the nature of certiorari quashing the order dated 03.07.2010, passed by respondent No. 2 in appeal No. 48 of 2010, under Section 19 of Right to Information Act, 2005, Surendra Kumar Vs. Public Information Officer/Block Development Officer, Haridwar. It is further prayed that respondent be restrained from applying provisions of Right to Information Act to the institution of the petitioners’. Learned counsel appearing on behalf of the petitioners, has contended that the controversy has already been decided by this Court in writ petition No. 2038 of 2009 (M/S), Asian Education Charitable Society and another Vs. State of Uttarakhand and others, along with connected matters. In writ petition No. 2038 of 2009 (M/S), this Court has held that private unaided institutions are not a public authority. It is stated in para-5 of the writ petition that the petitioner No. 1 has not been created by any Act, Rules or Notification of the Government and is not a public authority as defined under Right to Information Act. The society petitioner No. 1 is not getting any aid, financial help from any Government/semi Government or such like Government concern. The society is running its activities from the contribution of membership of members or donation. In view of the judgment of this Court, passed in writ petition No. 2038 of 2009 (M/S) along with connected matters, the petitioner society does not come under the ambit of Section 2(j) of the Right to Information Act, 2005, and cannot be called a public authority. Therefore, in terms of the order passed by this Court in writ petition No. 2038 of 2009 (M/S), this writ petition is allowed. (B.S.Verma, J.) 30-08-2010 S