NDLI: College Trust and Management Society & Ors. Vs. Director of Public Instructions & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	2005 NGO substantially financed by the appropriate government Statutory rule of interpretation Public Authority Right to Information Act s. 2(h)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Right to Information Act, 2005 (22 of 2005)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Right to Information Act, 2005: s. 2(h) – Public Authority – Non-governmental organizations (NGO) substantially financed by the appropriate government, if a public authority u/s. 2(h) – Held: NGO substantially financed, directly or indirectly, by funds provided by the appropriate government would be a public authority amenable to the provisions of the Act – Appellant-society running various colleges/schools, which are substantially financed, are public authority within the meaning of s. 2(h) of the Act. s. 2(h) – Definition of public authority – Explained. s. 2(h) – Non-governmental organization – Meaning of – Held: Term NGO is described as an international body which is legally constituted but non-governmental in nature – It is created by natural or legal entities with no participation or representation by the Government – Even NGOs which are funded totally or partially by the Governments essentially maintain the NGO status by excluding Government representations in all their organisations – In some jurisprudence, they are also referred to as civil society organisations – Society which may not be owned or controlled by the Government, may be an NGO but if it is substantially financed directly or indirectly by the government it would fall within the ambit of sub-clause (ii) of s. 2(h) of the Act. Interpretation of statutes: Statutory rule of interpretation – Explanation of – Held: When in the definition clause a meaning is given to certain words then that meaning alone will have to be given to those words – However, when the definition clause contains the words ‘means and includes’ then both these words must be given the emphasis required and one word cannot override the other – Thus, the word ‘means’ indicates that the definition is exhaustive and complete – Word ‘includes’ enlarges the scope of the expression. Purposive construction of a statute – Principle of – Held: While giving a purposive interpretation, a court is required to place itself in the chair of the Legislature or author of the statute – Provision should be construed in such a manner to ensure that the object of the Act is fulfilled – If the language of the Act is clear then the language has to be followed, and the court cannot give its own interpretation – However, if the language admits of two meanings then the court can refer to the Objects and Reasons, to find out the true meaning.
Judge	Hon'ble Mr. Justice Deepak Gupta
Neutral Citation	2019 INSC 1042
Petitioner	College Trust And Management Society & Ors.
Respondent	Director Of Public Instructions & Ors.
SCR	[2019] 12 S.C.R. 549
Judgement Date	2019-09-17
Case Number	9828

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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