Private schools not exempt from RTI: Central Information Commission

In a decision that could have far reaching consequences, a full bench of the Central Information Commission (CIC) has ruled that private schools cannot claim exemption from disclosing information to government’s education department under the Right to Information (RTI) Act.  

The decision came on an application of a private school teacher Bindu Khanna who had sought information regarding her service records from Delhi government’s education department under the RTI Act.

She approached Delhi government after failing to get information from her own school, Pinnacle School, despite repeated requests.

“The issues relating to management and regulation of schools responsible for promotion of education are so important for development that it cannot be left at the whims and caprices of private bodies, whether funded or not by the government,” CIC’s full bench said in its order. The bench included information commissioners Shailesh Gandhi, MM Ansari and Satyananda Mishra.

However, even after the orders from the education department, the school maintained it was a private body and hence RTI Act was not applicable to it.

In their order, the CIC said that as per various clauses of Delhi School Education Rules, 1973 “all records” of a private recognised school “are open to inspection by any officer authorised by the director or the appropriate authority at any time and the school furnishes such information as may be necessary to enable the central government or the administrator to discharge its obligations to parliament or to metropolitan council of Delhi.”

“Information, which a public authority is entitled to access under any law from private body, is “information” as defined under Section 2(f) of the RTI Act and has to be furnished,” CIC held in its order and rejected the school’s claim.

“The school is a private body and a third party under Section 2(n) of the RTI Act. It can be concluded that the Pinnacle School is a third party and is under the control of the respondent [education directorate] herein,” the commission said.

Stating that Pinnacle School is obliged to comply with the orders, the CIC said, “In case the school fails to cooperate, appropriate action under relevant rules should be initiated.”