Aitchison College faces court scrutiny over Right to Information Law

LAHORE: The Lahore High Court has begun hearing a landmark case to determine whether the historic Aitchison College falls within the ambit of the Punjab Transparency and Right to Information Act 2013, a dispute that could redefine the boundaries of public accountability for semi-autonomous educational institutions.

According to documents obtained by Jang, the proceedings stem from a petition filed by Lahore resident Sajid Nadeem, who invoked the transparency law to seek access to admission-related records. Nadeem claimed his son, Ahmad Hashmi, had cleared the Class IX written entrance examination but was denied admission on age grounds. He requested copies of the medical evaluation and merit list under the RTI law.

When the college administration declined to provide the information, the complainant approached the Punjab Information Commission (PIC), which directed Aitchison College to release the requested documents. The college, however, contested the order, asserting that the institution does not fall within the legal definition of a public body and is therefore not bound by the transparency statute.

In its written reply to the High Court, the Punjab Information Commission argued that under Section 2(H)(VI) of the Punjab Transparency and Right to Information Act 2013, any statutory body established under provincial law qualifies as a public entity. The commission further stated that Aitchison College operates under the Punjab Educational Institutions (Reconstitution) Act 2021, which clearly places it under the domain of provincial legislation.

The commission maintained that the college’s governance structure demonstrates direct state involvement — the Governor of Punjab serves as President of the Board of Governors, which also includes the Provincial Education Minister, the Higher Education Secretary, and at least one Additional Secretary of Grade-19, as well as a General Officer Commanding nominated by the Governor. “Given these statutory provisions, Aitchison College is evidently under state control and therefore meets the definition of a public body,” the Commission’s submission stated.

Aitchison College, in its counter-petition, rejected the commission’s findings. The institution argued that it is an autonomous, non-governmental body that performs no public function, was not created as a statutory entity, and receives no financial support from the Punjab government. Consequently, it contended, the 2013 Act is inapplicable.

After reviewing written submissions from both sides, the Lahore High Court directed that the case be fixed for further hearing after November 2025. Legal observers regard the case as a key test for the scope of Pakistan’s transparency regime — particularly in determining how far the Right to Information framework extends to semi-independent educational institutions with historical and administrative ties to the state.