IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 W.P.(C) No. 4959 of 2008 (M) ------------------------- PETITIONER: ------------ JANU V.P., AGED 56, D/O.KANARAN, CHERIYAKOYITHANARI, C.K.HOUSE, PALLIKARA P.O. PAYYOLI VIA, KOZHIKODE 673 522. BY ADV. SRI.D.B.BINU SMT.REENA ABRAHAM RESPONDENTS: ------------- 1. THE STATE INFORMATION COMMISSION, KERALA PUNNEN ROAD, THIRUVANANTHAPURAM. 2. THE APPELLATE AUTHORITY (UNDER THE RIGHT TO INFORMATION ACT), VADAKARA, KOZHIKODE. 3. STATE PUBLIC INFORMATION OFFICER, (UNDER THE RIGHT TO INFORMATION ACT), MELADY SUB DISTRICT EDUCATION OFFICE, PAYYOLI, KOZHIKODE - 673 522. BY GOVT. PLEADER, SRI. D. ANILKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 4959 OF 2008 m = = = = = = = = = = = = = = = = Dated this the 13th February, 2008 J U D G M E N T The prayer in this writ petition is to quash Ext. P6 order passed by the 1st respondent. The objection of the petitioner is only in so far as the answer given to question No. 2. The answer to the question is given at Sl. No. 2 of Ext. P5. Petitioner contends that this does not satisfy the requirements of the expression 'information' as defined in Section 2(f) of the Right to Information Act, 2005. 2. The second question raised by the petitioner for answer is as to whether part-time service of a teacher protected under G.O. No. 474/69 is an eligible service which can be counted for Headmaster promotion. 3. 'Information' has been defined in Section 2(f) as follows: “2(f). “information” means any material in any form, including records, documents, memos, e- mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, W.P.(C) No. 4959 OF 200 -2- 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;” A reading of the definition would show that material available in the form of records, documents, memos, opinions, etc can be included within the term information. 4. In this case what the petitioner sought for is not an information as defined in Section 2(f), but only the opinion of the Commission. Opinion of the commission is not an information as defined in Section 2(f) and therefore the very question posed by the petitioner for information is misconceived. Such being the case even though the answer at Sl. No. 2 of Ext. P5 cannot be said to be an answer to the question posed, I do not find any illegality warranting interference with Ext. P6. Writ petition fails and is dismissed. ANTONY DOMINIC JUDGE jan/-