 "Provisions of RTI Act apply on private schools also: CIC")
The provisions of RTI Act apply on private schools also which are governed by a law such as the Delhi Education Act, the Central Information Commission has held.
The case relates to an ex-employee of Jindal Public School who filed an RTI application with 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 the reply saying RTI Act does not apply on it.
"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.
The case relates to an ex-employee of Jindal Public School who filed an RTI application with 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 the reply saying RTI Act does not apply on it.
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Directing the school to disclose information sought by its ex-employee, Information Commissioner Sridhar Acharyulu said the school is duty bound under sections four and eight 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.