The Central Information Commission ruled that provisions of RTI Act also apply on private schools that are governed by law like Delhi Education Act or Right to Education Act
In a significant decision, the Central Information Commission (CIC) has held that provisions of the Right to Information (RTI) Act also apply on private schools, which are governed by a law such as the Delhi Education Act.
The case relates to a former employee of Jindal Public School, who filed an RTI application with the Directorate of Education, seeking a certified copy of service book and other details from her past employer.
The Directorate provided the information available with them but the school refused to furnish a reply saying that the RTI Act does not apply to it.
Directing the school to disclose information sought by its ex-employee, Information Commissioner Sridhar Acharyulu said the school is duty bound under sections 4 and 8 of Delhi Education Act, 1973 to abide by the regulatory conditions of service, payment of salaries as prescribed, for which school has to maintain records which provide an "inherent and implied" right to information to their employees.
"Under Right to Education Act 2009 also, the recognised school is under an obligation to appoint eligible teachers and provide them with prescribed wages. This also reveals that it has given inherent Right to Information to the teachers from their employers," he said.
The Commissioner said if the appellant in her capacity as ex-employee of the school has right to information under any legislation such as Delhi Education Act, that will fall under the purview of Section 2(f) of the RTI Act which gives PIO, Appellate Authority and the Information Commissioner power to enforce her right to information.
"Hence, the school is directed to discharge their obligation under law by furnishing the information sought by the appellant to the respondent authority (Directorate of Education), who in turn is directed to provide the same to the appellant," he said.
Click here to see the CIC order...
Appellant : Sadhana Dixit
Respondent : Directorate of Education, GNCTD, Delhi
Date of hearing : 19/05/2014
Date of decision : 29/05/2014
Information Commissioner : Prof M Sridhar Acharyulu (Madabhushi Sridhar)
Referred Sections : Sections 3, 19(3) of the RTI Act
Inside story of the National Stock Exchange’s amazing success, leading to hubris, regulatory capture and algo scam
Fiercely independent and pro-consumer information on personal finance.
1-year online access to the magazine articles published during the subscription period.
Access is given for all articles published during the week (starting Monday) your subscription starts. For example, if you subscribe on Wednesday, you will have access to articles uploaded from Monday of that week.
This means access to other articles (outside the subscription period) are not included.
Articles outside the subscription period can be bought separately for a small price per article.
Fiercely independent and pro-consumer information on personal finance.
30-day online access to the magazine articles published during the subscription period.
Access is given for all articles published during the week (starting Monday) your subscription starts. For example, if you subscribe on Wednesday, you will have access to articles uploaded from Monday of that week.
This means access to other articles (outside the subscription period) are not included.
Articles outside the subscription period can be bought separately for a small price per article.
under Sections 3, 19(3) of the RTI Act.
However, what about the Privately managed Educational Engineering Institutions/Colleges run under the agies of AICTE or the other Government subsidiaries?
Can the above decission follow suit or clubed to such colleges, needs the answer.
If yes, who is their first and second appellate authority? Central Information Commission or State Information Commission?
If yes, who is their second appellate authority? Central Information Commission or State Information Commission?