Delhi High Court had declared DGSMC as a public authority.

 the Delhi High Court had declared DGSMC as a public authority. The Delhi High Court upon dealing in detail with all the relevant aspects and about the applicability of the RTI Act on the DGSMC, decided the matters of i) DELHI SIKH GURUDWARA MANAGEMENT COMMITTEE & ORS. Versus MOHINDER SINGH MATHARU[LPA No. 606/2010] AND ii) DELHI SIKH GURUDWARA MANAGEMENT COMMITTEE & ORS VERSUS JATHEDAR KULDIP SINGH BHOGAL[LPA NO. 607/2010] vide a decision pronounced on: September 12, 2012, holding as hereunder: “….9. Once we read the definition of “public authority” in Section 2(h) of the RTI Act in the aforesaid manner, obvious conclusion would be that the appellant is a “public authority” as it is constituted by the Act of the Parliament. Undeniably, the appellant is a statutory body under Delhi Sikh Gurdwaras Act, 1971 (hereinafter referred to as the “DSG Act”). It is constituted under Section 3 of the DSG Act. It is not a body made under any law, but a body made by the aforesaid law. The learned Single Judge as rightly pointed out that there is a distinction between the use of the words “by any law made by Parliament” and “by or under the Constitution”. The Parliament has consciously not used the words “by or under” in sub-clause (b) of Section 2(h). In other words, once the body is established or constituted by the law made by Parliament, it would be a “public authority” under Section 2(h)(b) of the RTI Act. 10. We are in agreement with the aforesaid view. We, thus, hold that once it is found that an authority or body or institution of selfGovernment is established or constituted in any manner prescribed in Clause (a) to (d) of Section 2(h) of the RTI Act, then there is no further requirement of such a body to be either owned or controlled or substantially financed by an appropriate Government. CIC/GNCTD/A/2018/127006 Page 12 of 18 3. The aforesaid decision of the Hon’ble High Court of Delhi was assailed before the Hon’ble Supreme Court in the form of a Special Leave Petition(C)No. 34418/2012 and SLP(C) No. 34793/2012, whereby the Apex Court concluded the case vide decision dated 28.03.2016, with the following observations: “…..During the course of hearing, we have been handed over a letter dated 25.03.2016 which is kept on record. The contents of the said letter reads thus: The Competent Authority of DSGMC has decided to implement the Right to Information Act with immediate effect and accordingly Office Order is being sent to you. In course of submission before the Supreme Court we may request the Court to grant us 3-4 months time so that legal formalities for the appointment of Officials of DSGMC which is required under the RTI Act-2005 can be completed. In view of the above, no further order is required to be passed and time for four months as prayed for is granted…” A subsequent decision was passed by the Apex Court in the aforesaid matter, on 29.08.2016, contents whereof are as under: “…..Heard the learned Senior counsel appearing for the petitioners. For the reasons stated in the Interlocutory Application No.1/2016, we grant further four months' time to the petitioners to appoint officials under the Right to Information Act, 2005 and to comply with the Order dated 28-3-2016 passed by this Court. It is made clear to the learned Senior counsel that no further extension of time will be granted in the matter under any circumstance.” In view of the aforesaid legal position, as clearly enunciated from the abovementioned decisions of the Hon’ble Supreme Court, there is no room for doubt that the Delhi Sikh Gurdwara Management Committee has been held to be a public authority, as defined under Section 2(h) of the RTI Act.