Bombay High Court
THE PUBLIC INFORMATION OFFICER AND THE HEAD MASTER ANANDIBAI BANKAT BOYS HIGH SCHOOL CHALISGAONversusTHE STATE INFORMATION COMMISSIONER AND OTHERS
- Disposal
- DISPOSED OFF
Holding
Audit reports of the petitioner’s trust cannot be compelled for disclosure under the Right to Information Act, and the order directing such disclosure is quashed.
Summary
The petitioners, the Public Information Officer and the Head Master of Anandibai Bankat Boys High School, filed a writ petition challenging an order dated 14 August 2018 issued by the State Information Commissioner, Maharashtra, which directed the petitioner (Chalisgaon Education Society) to furnish audit reports of its trust to a respondent. The High Court examined whether such audit reports fall within the ambit of the Right to Information Act, 2005. Relying on paragraph 35 of the Full Bench judgment in People Welfare Society v. State Information Commissioner (2024), the Court held that the information sought could not be compelled under the RTI Act. Consequently, the Court quashed the impugned order of the State Information Commissioner. The writ petition was allowed, setting aside the order directing disclosure of the audit reports.
Issues considered
- Whether audit reports of a trust owned by a private educational society are disclosable under the Right to Information Act, 2005.
- Whether the Full Bench precedent in People Welfare Society v. State Information Commissioner (2024) bars the disclosure of such information.
Legislation cited
Subjects
- Right to Information
- audit report
- public authority
- exemption
- Full Bench precedent
- quashing order
Judgment
2026:BHC-AUG:44654
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD
30 WRIT PETITION NO. 3544 OF 2019
The Public Information Officer And The Head Master Anandibai Bankat
Boys High School Chalisgaon
VERSUS
The State Information Commissioner And Others
...
Advocate for the Petitioner : Mr. Abhay R. Nimbalkar a/w Mr. Thoke
Dhananjay B
AGP for Respondents-State: Mr. S. K. Shirse
Advocate for Respondent No.3 : Mr. Yenegure Apparao and Ms. Deepali
S Patil
...
CORAM : ROHIT W. JOSHI, J.
Dated : September 29, 2026
PER COURT :-
1. Leave is granted to correct the cause title of the petition to show
the name of Chalisgaon Education Society as petitioner No.1.
Necessary amendment be carried out forthwith.
2. Order dated 14th August 2018 passed by the learned State
Information Commissioner, Maharashtra, Bench at Nashik, in Appeal
No.4322 of 2016/ Jalgaon, directed the petitioner to provide copies of
the audit reports of the petitioner Trust to respondent No.2.
3. In view of paragraph 35 of the Full Bench judgment in the case of
People Welfare Society Vs. State Information Commissioner
and Others, (2024) 1 High Court Cases (Bom) 257, such
information cannot be sought by invoking the provisions of the Right to
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30 WP 3544-2019
Information Act, 2005.
4. In view of the above, the writ petition is allowed by quashing
and setting aside the order impugned dated 14/08/2018, passed by
the State Information Commissioner, Maharashtra, Bench at Nashik
in Appeal No.4322 of 2016/ Jalgaon.
( ROHIT W. JOSHI, J. )
vj gawade/-.
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