JUDGMENT : The petitioner is aggrieved by the impugned decision of the 1st respondent-State Information Commission, rendered as per the impugned Ext.P-17 proceedings dated 15.02.2017, whereby the proceedings proposed in terms of Sec.20(1) of the Right to Information Act (RTI Act), 2005 against respondent No.5 have been closed. 2. The prayers in this Writ Petition (Civil) are as follows: '(i) Call for the record leading to Exhibit P17 and quash the same by issuing a writ of Certiorari or any other appropriate writ, order or direction, in the interest of justice; (ii) Declare that the 6th respondent, being a corporate educational agency, is bound to furnish any information pertaining to the school and its management, including the expenses incurred by the 6th respondent in respect of the school under its management; (iii) Issue a Writ of Mandamus, or any other appropriate writ, order or direction commanding the 1st respondent Commission to re-open the proceedings covered by Exhibit P17 order and to proceed against the 6th respondent in accordance with the provisions of Right to Information Act, 2005; AND (iv) To pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant.” 3. Heard Sri.Sreekumar G.(Chelur), learned counsel appearing for the petitioner, Sri.M.Ajay, learned Standing Counsel for State Information Commission appearing for R1, Sri.Saigi Jacob Palatty, learned Sr.Government Pleader appearing for respondents 2 & 3. Though notice process on contesting respondents 4 to 6 have been duly completed, the said parties have not chosen to appear in this matter. 4. It is stated that the petitioner is a retired Headmaster of the aided lower primary school under the managership of the 5th respondent. The said school is established and maintained by the 6th respondent-Church and is an aided lower primary school, regulated by the provisions contained in the Kerala Education Act and the Kerala Education Rules (KER) framed thereunder. The 5th respondent is the Manager of the said aided school and the 4th respondent is the Headmaster of the said school. The 6th respondent-Church is thus said to be the educational agency of that school. According to the petitioner, the 6th respondent- Church had published its budget for the Financial Year 2012-13, wherein as per Ext.P-1, it has been stated that an amount of Rs.86,196/-was incurred by them as part of the expenses for the purposes of the abovesaid school. The 6th respondent-Church is thus said to be the educational agency of that school. According to the petitioner, the 6th respondent- Church had published its budget for the Financial Year 2012-13, wherein as per Ext.P-1, it has been stated that an amount of Rs.86,196/-was incurred by them as part of the expenses for the purposes of the abovesaid school. Since no information was forthcoming as to whether the said amount was duly received and expended by the 5th respondent-Manager, the petitioner had submitted a request as per Ext.P-2 dated 21.11.2012 under the provisions contained in the RTI Act before the 5th respondent-Manager, stating as to the separate heads under which the said amount of Rs.86,196/-has been expended for the purpose of the abovesaid aided school etc. In response to that the 4th respondent-Headmaster of the said school had furnished Ext.P-4 reply dated 17.12.2012, informing the petitioner that the abovesaid amount of Rs.86,196/-has not been received or expended by the said school and therefore, they are disabled from giving separate heads under which the said amount have been expended and further that the records showing as to how the 6th respondent-Church has incurred various expenditure is not with the 4th and 5th respondents. Being aggrieved by Ext.P-4 reply, the petitioner had preferred Ext.P-5 first appeal dated 21.01.2013 before the 3rd respondent, on the premise that the said authority is the designated first appellate authority, as per the RTI Act. To that, the rd respondent-A.E.O had issued Ext.P-6 reply dated 01.02.2013, informing the petitioner that the said officer is not the designated first appellate authority, in respect of the above school as per the RTI Act. Thereupon, the petitioner had submitted Ext.P-7 styled as an appeal before the 2nd respondent. To that, the 2nd respondent had furnished Ext.P-8 reply dated 22.03.2013 that the matter in Ext.P-7 has been forwarded to the Public Information Officer attached to the Directorate of Public Instructions, for getting details under Sec.3 of the RTI Act. Later, it appears that the petitioner had submitted a second appeal as per Ext.P-10 before the 1st respondent-State Commission, in terms of Sec.19(3) of the Act. To that, the 1st respondent-Commission had issued Ext.P-9 letter dated 27.05.2013, calling for a report from the 4th respondent-Headmaster of the school. Later, it appears that the petitioner had submitted a second appeal as per Ext.P-10 before the 1st respondent-State Commission, in terms of Sec.19(3) of the Act. To that, the 1st respondent-Commission had issued Ext.P-9 letter dated 27.05.2013, calling for a report from the 4th respondent-Headmaster of the school. Since there was delay in the disposal of the said second appeal, the petitioner had approached this Court by filing a Writ Petition (Civil) as W.P(C)No.13466/2014, in which this Court had rendered Ext.P-4 judgment dated 02.06.2014 disposing of the matter by recording the submission of the Standing Counsel for the 1st respondent- Commission that appropriate orders will be passed in the said appeal within 3 weeks. However, perusal of Ext.P-12 judgment in W.P(C)No.13466/2014 will disclose that the 1st respondent-Commission had submitted before this Court that the petitioner had not appeared before the 1st respondent when the second appeal was posted for hearing before that authority on 27.01.2014. When the matter was taken up for final consideration, the 1st respondent had again not appeared before the 1st respondent-Commission as stated in Ext.P-13. However, the 1st respondent based on the available materials, took note of the submission made on behalf of the Headmaster of the school that on the previous occasion, the Manager of the school was not notified as the Public Information Officer of the said aided school and that now Public Information Officers have been notified for government aided schools and that the requisite details will be sent by the Manager of the school, without further delay. On that, recording the submission had closed the said second appeal as per Ext.P-13 proceedings dated 12.06.2014. The petitioner later submitted Ext.P-14 application dated 08.05.2015 before the 1st respondent-Commission stating that the earlier directives in Ext.P-13 had not been complied with by the school authorities and that penalty proceedings should be taken against the said school authorities for not disclosing the information in terms of the RTI Act, within the requisite time. Thereafter, alleging that there was delay in disposing Ext.P-14 application, the petitioner had approached this Court by filing yet another writ petition as W.P(C)No.13788/2016, in which this Court had disposed of the said W.P(C) as per Ext.P-15 judgment dated 06.04.2016, directing the 1st respondent-Commission to take a decision on the said petition within 4 months by treating it as one under Sec.20 of the RTI Act. 5. 5. Later, the 1st respondent-Commission had passed a preliminary order as per Ext.P-16 proceedings dated 30.06.2016, noting therein that the report of the school authorities has not so far been filed before that authority and that if proper explanation is not submitted by the school authorities within 15 days therefrom, that it will be presumed that the school authorities have nothing to state in respect of the proposed penalty proceedings and that the matter will be decided accordingly. Alleging that there was still delay on the part of the 1st respondent-Commission in finalising proceedings, the petitioner had filed a contempt of court case as COC No.2269/2016 arising out of Ext.P-15 W.P(C). During the pendency of the said contempt petition, the 1st respondent- Commission had passed the final orders as per the impugned Ext.P-17 proceedings dated 15.02.2017. In Ext.P-17 proceedings dated 15.02.2017, the 1st respondent-Commission has again stated that the petitioner has not appeared before that Commission. Further the 5th respondent-Manager had stated before the Commission that the abovesaid account details in relation to the amount of Rs.86,196/-mentioned in Exts.P-1 & P-2 are only pertaining to the accounts of the 6th respondent-Church and that the said amount is not in any manner concerned with the accounts maintained by the 5th respondent-School Manager and that therefore, the 5th respondent- Manager is unable to give the requisite details of the break-up of the manner in which the said amount was expended as those details are not available with the 5th respondent-manager. The same factual aspects had been reiterated before the 1st respondent-Commission by the 4th respondent- Headmaster of the School. Based on the materials available before the 1st respondent-Commission, it has been found that no materials whatsoever are available with the 4th respondent-Headmaster and the 5th respondent-Manager of the School regarding the alleged accounts pertaining to the said amount of Rs.86,196/-mentioned in Ext.P-2 and that therefore, the 1st respondent-Commission is unable to proceed as against the 5th respondent-Manager. Further that it is observed therein the 1st respondent-Commission has no authority to compel the 6th respondent-Church to disclose such information etc. and further that the 6th respondent-Church cannot be said to be a body or public authority which is amenable to the provisions of the RTI Act etc. It is this proceeding at Ext.P-17 that is under challenge in this W.P(C). 6. and further that the 6th respondent-Church cannot be said to be a body or public authority which is amenable to the provisions of the RTI Act etc. It is this proceeding at Ext.P-17 that is under challenge in this W.P(C). 6. The petitioner has no case that the factual version of the 5th respondent-Manager and 4th respondent-Headmaster to the effect that the said amount of Rs.86,196/-mentioned in Exts.P-1 & P-2 has not been received or expended by the 5th respondent is in any manner false or incorrect. Further, the 6th respondent-Church was never made a party either in the original application filed under the RTI Act or in the first appeal or in the second appeal or in the penalty proceedings. 7. Therefore, on that short ground itself the ultimate conclusion grown up by the 1st respondent- Commission in Ext.P-17 that the proposed penalty proceedings under Sec.20 against the Manager and the Headmaster of the school should be dropped, does not require any legal interdiction. 8. That apart, Sec.5 of the Kerala Education Act dealing with the responsibility of the Manager to send list of properties of the school, provides as follows: “5. Manager to send list of properties:-(1) On the first day of April each year, the manager of every aided school shall furnish to such officer as may be authorised by the Government in this behalf a statement containing a list of all movable and immovable properties of the school with such particulars as may be prescribed. (2) If the manager commits default in furnishing the statement under sub-section (1) or furnishes a statement which is false or incorrect in any material particular, the Government may with hold maintenance grant.” 9. Sec.7 of the Act dealing with the Manager of the school and its function, provides as follows: 7. Managers of Schools -(1) Any educational agency may appoint any person to be the manager of an aided School under this act, subject to the approval of such officer as may be authorised by the Government in this behalf. Explanation : -All the existing managers of aided school shall be deemed to have been appointed under this Act. (2) The manager shall be responsible for the conduct of the school in accordance with the provisions of this Act and the rules thereunder. Explanation : -All the existing managers of aided school shall be deemed to have been appointed under this Act. (2) The manager shall be responsible for the conduct of the school in accordance with the provisions of this Act and the rules thereunder. (3) The properties of the school shall be in the possession and control of the manager who shall be responsible to maintain them in proper and good condition. (4) It shall be the duty of the manager to maintain such records and accounts of the school and in such manner as may be prescribed. (5) The manager shall be bound to afford all assistance and facilities as may be necessary or reasonably required for the inspection of the school and its records and accounts by such officer as may be authorised by the Government in this behalf. (6) No manager shall close down any school unless one year's notice, expiring with the 31st May of any year, of his intention so to do, has been given to the officer authorised by the Government in this behalf. (7) In the event of the school being closed down or discontinued or its recognition being withdrawn the manager shall make over to the officer authorised by the Government in this behalf all the records and accounts of the school maintained under sub-section (4). (8) If any manager contravenes the provisions of sub-section (6) or wilfully contravenes the provisions of sub-section (7) he shall, on conviction, be liable to fine which may extend to two hundred rupees. (9) No court shall take cognizance of an offence punishable under sub-section (8) except with the previous sanction of the Government.” 10. Sec.9 of the Act deals with salary of teachers, etc., and grants to aided schools, provide as follows: “9. Salary of teachers, etc., and grants to aided schools. -(1) The Government shall pay the salary of all teachers in aided schools direct or through the Headmaster of the school. (2) The Government shall pay the salary of the non teaching staff of the aided schools appointed before the 31st May 1957 and continuing in office at the commencement of this section on the scales applicable to them immediately before the 31st May 1957. (2) The Government shall pay the salary of the non teaching staff of the aided schools appointed before the 31st May 1957 and continuing in office at the commencement of this section on the scales applicable to them immediately before the 31st May 1957. It shall be competent for the Government to prescribe the number of person to be appointed in the non-teaching establishment of aided schools, their salaries, qualifications and other conditions of service. The salary of the persons appointed in the non teaching establishment in accordance with the rules so prescribe shall be paid by the Government. (3) The Government may pay to the Manager a maintenance grant at such rates as may be prescribed. (4) The Government may make grants-in-aid for the purchase, improvement and repairs of any land, building or equipment of an aided school.” 11. Chapter- III of the Kerala Education Rules deals with Management of private schools and Rule.9 thereof and the Rule.9 under Chapter-III of the KER dealing with duties and powers of the Managers of aided schools, provide as follows: “9. Duties and powers of the managers of Aided Schools -(1) The Manager shall be responsible for the conduct of the school strictly in accordance with the provisions of the Kerala Education Act and the Rules issued thereunder. He shall also abide by the orders that may be issued from time to time by the Government and the Department in conformity with the provisions of the Act and the rules issued thereunder. (2) The manager shall sign all the bills relating to the maintenance and other grants specifically granted to the Management. All other bills relating to the school shall be signed by the Headmaster. (3) The Manager shall provide site, building, staff, equipments furniture etc. as per Rules issued under the Education Act and as per orders that may be issued from time to time by the Government and the Department in conformity with the provisions of the Act and the rules issued thereunder. (4) The Manager shall not interfere with the academic work of schools which should be attended to by the Headmaster. (5) The Manager shall verify the stall position of the school in conformity with the number of class divisions sanctioned by the Department. (6) The Manager shall make appointments against the sanctioned post and against the vacancies as notified by the Government.” 12. (5) The Manager shall verify the stall position of the school in conformity with the number of class divisions sanctioned by the Department. (6) The Manager shall make appointments against the sanctioned post and against the vacancies as notified by the Government.” 12. Chapter-X of the Kerala Education Rules deals with the properties of aided schools and Rule.1 thereof deals with furnishing of list of movable and immovable properties of the aided schools should be sent by the Managers in Form No.10. Rule.1 appended under Chapter-X of the KER reads as follows: “PROPERTIES OF AIDED SCHOOLS 1. Statements containing lists of all movable and immovable properties of aided schools should be sent by the Managers in Form 10 to the District Educational Officer having jurisdiction over the school in the case of Secondary and Training schools and to the Assistant Educational Officer having jurisdiction, in the case of Upper Primary and Lower Primary Schools. The Statement in the case of Upper Primary and Lower Primary Schools should be sent to the Assistant Educational Officer in duplicate. The Assistant Educational Officer will submit one copy of the statement to the District Educational Officer. 2. The District Educational Officer in charge of the area will be the Officer competent to give permission to create or make a sale, mortgage, lease, pledge, charge, or transfer of possession in respect of any property of an aided school. 3. Any person aggrieved by an order of the District Educational Officer refusing or granting permission under sub-section (1) of section 6 of the Act may appeal to the Government against the order. 4. Every person preferring an appeal shall do so separately. 5. Every appeal preferred under the Rule shall contain all materials, statements, and arguments relating to the case and shall be complete in itself. 5. The appeal should be preferred within one month after the date on which the order appealed against was issued, unless reasonable cause to the satisfaction of the appellate authority is shown for the delay.” 13. Chapter-XXVIII of the Kerala Education Rules deals with various aspects relating to payment of maintenance grant to aided schools. 5. The appeal should be preferred within one month after the date on which the order appealed against was issued, unless reasonable cause to the satisfaction of the appellate authority is shown for the delay.” 13. Chapter-XXVIII of the Kerala Education Rules deals with various aspects relating to payment of maintenance grant to aided schools. Form.10 appended to the Rules is the Form on the basis of which statement containing list of all movable and immovable properties available in the schools should be furnished by the Managers to the educational officers concerned, as required in Rule.1 of Chapter-X of the KER. 14. So, the main provisions in the Act and the Rules regulating the responsibility of the Managers to submit list of movable and immovable properties of the school to the educational officers concerned are contained in Sec.5 of the Act and Rule.1 under Chapter-X of the Rules. A reading of the said provisions would clearly indicate that though the said provisions mandate that the Managers are bound to furnish list of all movable and immovable properties of the school by the Managers to the educational officers concerned in the prescribed proforma, it is nowhere stipulated therein that the audited account of the income and expenditure of the school and that of the educational agency/corporate educational agency concerned should necessarily be furnished by them to the educational officers or the governmental officers concerned. Form.10 prescribed under the Rules in relation to Rule.1 of Chapter-X of the KER deals with the various items of information to be submitted by the Manager in relation to the list of movable and immovable properties of the school as required in the abovesaid Rule.1 under Chapter-X. The said Rule in Form.10 reads as follows: “FORM 10 [(See Rule X-1] STATEMENT OF MOVABLE AND IMMOVABLE PROPERTIES SUBMITTED AS REQUIRED BY SECTION 5(1) OF THE KERALA EDUCATION ACT Name and position of the School* (Name of Taluk, Village and Sy.Nos to be given) As on 1-4-19.... (1) As on 1st April of previous year (2) Reason in brief for variation if any (3) 1 Extent of site including playgrounds and nature of ownership 2 Total area of (a) Class rooms (b) Other buildings including hostels, if any 3 Number of class rooms and size of each 4 Whether the building are tiled, cementfloored, etc. 5 Furniture Tables …..... Chairs …..... Almirahs .….... Benches …..... Desks …..... 5 Furniture Tables …..... Chairs …..... Almirahs .….... Benches …..... Desks …..... Blackboards …...… Boxes ...... Stools, etc. …. 6 Science and other apparatus 7 Appliances Maps Charts Pictures Models, etc. 8 Number of books in the School Library 9 Particulars of electric fittings, water supply and sanitation 10 Equipments for games and athletics 11 Audio-Visual equipments such as- Film strip projectors Radios, Magic lanterns, Epidiascopes, etc. 12 Craft equipments 13 Investments in Government Securities, etc. 14 Whether there are other buildings used by any Church/Mosque/Temple/Mutt or Convent or Seminary etc. in the land mentioned in item (1) 15 Whether the said land is to be used for the purpose of any Church/Mosque/Temple/Mutt or Convent or Seminary, etc also 16 Other items, if any. Station …............... Date ….................. Signature of Manager *School includes the land, buildings, playgrounds, and hostels of the school and the movable properties such as furniture, books apparatus, maps and equipments pertaining to the school.” 15. A reading of Form.10 would also clearly indicate that nowhere is it even remotely indicated that the Manager of the school is legally bound to furnish the account or audited account of the income and expenditure of the school as well as that of the educational agency of the school for the Financial Year/Accounting Year concerned to the notified officers concerned. The residuary item in Clause.16 of Form.10 deals with other items. So, going by the provisions contained in Sec.5 of the Act, Rule.1 of Chapter-X of the Rule as well as Clause.16 of Form.10, it can at best be said that movable assets of the school other than those mentioned in items 1 to 15 of Form.10, like fixed deposits, closing bank balance account as on the end of the accounting year/financial year concerned, cash balance at hand with the Manager etc. as on the end of the accounting year concerned may also have to be informed. Evenif, it is so held, that does not even remotely imply that the Manager of the school or the educational agency/corporate educational agency concerned is legally bound to furnish the audited statement of accounts and expenditure pertaining to the school and the educational agency concerned for the every accounting year/financial year concerned, pertaining to even amounts other than those received from the government by way of aid and grant. Of course, specific provisions have been engrafted in Chapter-XXVIII of the Kerala Education Rules deals with payment of maintenance grant to aided schools. That only deals with amounts received from the government and the department to the aided school concerned towards maintenance, grant etc. to the school. Under the scheme of payment of salaries to the teaching and non teaching staff of aided school, the payment is made directly by the department through the treasury, on presentation of the bill by the Headmaster of the school to the educational officer concerned. Therefore, a combined evaluation of all the abovesaid aspects emanating from the various provisions of the Act and the Rules, will lead to the irresistible conclusion that nowhere is it mandated that the Manager of the school or the educational agency or corporate educational agency concerned is under a legal and bounden duty to furnish accounts or audited accounts relating to the income and expenditure of the school or the educational agency/corporate educational agency for the financial years concerned. In the instant case, even the case set up by the petitioner is the amount of Rs.86,196/- referred to in Exts.P-1 & P-2 was amount raised by the 6th respondent-Church, who is said to be the educational agency of the school of the 5th respondent-aided school, from out of the funds of the said church/educational agency concerned. The petitioner has no case whatsoever that the said amounts are in any manner relatable to the funds or grant or aid given by the government or department to the aided school. In respect of the amounts received by way of aid and grant by the government or the department to the school, the aided school is bound to comply with the legal regime of the Act and Rules, more particularly in Chapter-XXVIII of the Rules. This case is not in any manner concerned those aspects as the alleged amount of Rs.86,196/-is not in any manner related to funds by way of grant or aid said to have been given by the government or the department to the aided school concerned. This case is not in any manner concerned those aspects as the alleged amount of Rs.86,196/-is not in any manner related to funds by way of grant or aid said to have been given by the government or the department to the aided school concerned. The petitioner has no case that any other stipulations have been made by the government and the department through Government Orders, circulars or instructions that the accounts or audited accounts of the income and expenditure of the aided school or its educational agency for each of the accounting/financial year concerned, should compulsorily be submitted to the notified educational officers concerned. Therefore, going by the provisions contained in the Kerala Education Act and the KER, there is no obligation cast on the 5th respondent-Manager or on the educational agency concerned to submit accounts or audited accounts in relation to the income and expenditure of the school in respect of amounts which are even not relatable to aid or grant given by the government or department. Since that is the legal position that is flowing from the operation of the provisions of the Act and the Rules, it cannot be said that the 5th respondent-Manager was under any obligation to have kept the requisite information relating to the manner and its separate heads in which the said alleged amount of Rs.86,196/- mentioned in Exts.P-1 & P-2 are said to have been spent. On the other hand, the plain and simple case of 4th and 5th respondent is that they had never received the said amount from the 6th respondent-Church and that therefore, they had not expended the said amount and that therefore, they are unable to give the details in that regard. So, the conclusion arrived at by the 1st respondent- Commission in the impugned Ext.P-17 proceedings that further proceedings in the matter is to be closed and dropped, does not suffer from any legal infirmity or cannot be granted as unreasonable or arbitrary or improper and hence does not require any legal interdiction at the hands of this Court. 16. So, the conclusion arrived at by the 1st respondent- Commission in the impugned Ext.P-17 proceedings that further proceedings in the matter is to be closed and dropped, does not suffer from any legal infirmity or cannot be granted as unreasonable or arbitrary or improper and hence does not require any legal interdiction at the hands of this Court. 16. In the light of these aspects, it is also to be held that it was not necessary for the 1st respondent-Commission to have also held in Ext.P-17 that the 6th respondent, who is said to be the educational agency of the aided school is not a public authority who is amenable to the regime of the RTI Act. Moreover the petitioner had never sought any relief from or against the 6th respondent-Church, who has not been made a party to any of the above proceedings under the RTI Act. So the question as to whether the 6th respondent is a public authority as per the RTI Act had never arisen for consideration before the 1st respondent in this case. So that issue need not have been decided in Ext.P-17 and to that limited extent, the said finding in Ext.P-17 will stand set aside as unnecessary. With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of.