GUWAHATI: The Chief Information Commissioner, Assam, H. S. Das has, by an order stated that information seekers can now obtain information under the Right to Information Act, 2005, about private educational institutions as they come under the purview of the Assam Non-Government Educational Institutions (Regulation and Management) Act, 2006 through the concerned Directors of Education of the Government of Assam.
He passed this order in connection with a second appeal petition filed against Delhi Public School, Betkuchi in Guwahati. The SCIC in his order referred to Section 2(f) of the RTI Act, 2005 which defines the term “information” and includes inter alia, “information relating to any private body which can be accessed by a public authority under any other law for the time being in force”.
The state Chief Information Commissioner ordered that in exercise of powers conferred under Sections 10 (xvii) and 10 (xviii) of the Assam Non Government Educational Institutions (Regulation and Management) Act, 2006, read with Section 2(f) of the RTI Act, 2005, the concerned Directors of Education, Assam can access information from any non-government educational institution coming within the ambit of the Assam Non-Government Educational Institution (Regulation and Management) Act, 2006 and falling within their respective jurisdictions, and to that extent such non-government private educational institutions also come within the purview of the RTI Act, 2005.
The petitioner filed the appeal after the principal of the school refused to furnish information citing that it was a private institution and not a “public authority” and hence does not fall under the purview of the RTI Act.
The SCIC noted that under Sections 10 (xvii) and 10 (xviii) of the Assam Non Government Educational Institutions (Regulation and Management) Act, 2006 it is a statutory obligation of the non-government educational institutions falling within the purview of this Act to furnish such information and comply with such instructions of the Director as may be issued.
All records of such non-government institutions shall be open to inspection by any officer authorised by the State Government or the Directors, as the case may be, at any time and that the institution shall furnish such information, as may be necessar, to enable the state government or the Director, to discharge their duties and functions in accordance with the provisions and regulations of the RTI Act and the rules made thereunder, or any other law for the time being in force.
While disposing the appeal, the State Chief Information Commissioner directed the petitioner to visit the website of the school and for any information and report not available in the website, the petitioner may approach the Director, Secondary Education within 15 days from the receipt of the order and directed the Director, of Secondary Education in the state to take strict and proper action to furnish the admissible information to the petitioner within 45 days from the receipt of the said order.
