Wednesday 26 September 2018

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Pvt schools come under RTI, rules CIC

 

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, InformationCommissioner 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 theInformation Commissioner power to enforce her right to information.

"Hence, the school is directed to discharge their obligation under law by furnishing theinformation 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





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There Must Be One Subject "RTI & CCA" (Right To Information & Citizens Charter Act) In College Degree Course. Many People Still Don’t Understand The Power Of RTI & CCA And Many Of Them Even Don’t Know How To Use It And How It Is Helping Them. RTI & CCA Must Be One Subject In College Degree Course.

 
Jose Rod , Goa

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