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LATEST NEWS UPDATES | Private schools may now come under RTI Act by Manash Pratim Gohain

Private schools may now come under RTI Act by Manash Pratim Gohain

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published Published on Sep 7, 2011   modified Modified on Sep 7, 2011

Private schools may no longer be able to refuse to provide information under the RTI Act under the pretext of being a 'private authority'. The Central Information Commission (CIC), in a recent hearing against a private school, ruled that the school, which receives substantial funds from the government and was controlled by different agencies under the Delhi administration, including the DDA and the Directorate of Education, comes under the ambit of the RTI Act and can be called a 'public authority'.

This ruling was announced on August 24, during the hearing of an appeal filed by RTI activist Mohit Goel of Model Town who was denied information by Delhi Public School, Rohini.

In her order Information Commissioner Annapurna Dixit said: "This commission holds that DPS Rohini fulfils the essential elements of being a private-aided school which is substantially financed by the government and controlled by different agencies under the Delhi Administration. It is therefore, covered by the regime of the RTI Act and can be called a 'Public Authority'. The Commission therefore directs the principal of DPS Rohini to designate an official in the school as the PIO at the earliest... The information sought by the complainant may be provided to him ... He may also be allowed to inspect records and be provided with copies of documents required by him..."

The issue dates back to June 2010 when Goel filed an RTI seeking information related to admission procedures. He also sought inspection of the admission forms of students admitted in the nursery class of DPS Rohini. But the school denied information on the premise that the RTI Act is not applicable to the school since it is an unaided private institution.

Goel based his argument that DPS Rohini should be declared a 'Public Authority' on the fact that 10,000 sq metres of land has been allotted to the school by DDA at a nominal rent of Rs 10 while another 6,000 sq metres of land has been allotted at concessional rates of Rs 65 lakhs per acre. When contacted, Rohini Rita Sen, principal of DPS Rohini, refused to comment.

Most private schools prefer to see this as a specific case and not a precedent. Principal of Ahlcon International, Ashok Pandey said: "It appears to be a different case as the grants and lands received at concessional rates probably distinguish it from other schools. I don't think there will be a blanket extension as the ruling is specific to a particular school."

The Times of India, 7 September, 2011, http://timesofindia.indiatimes.com/city/delhi/Private-schools-may-now-come-under-RTI-Act/articleshow/9891851.cms


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