Ambit of RTI Act grows to cover private unaided schools on government land

Times of India: Mumbai: Saturday, 22 November 2014.

In a landmark order, Aurangabad information commissioner D B Deshpande on Friday observed that a private unaided school on government land or land allotted by a state-run corporation is covered under the Right to Information (RTI) Act.

As a result, it is mandatory for such institutes to provide information sought under the RTI Act.

Aurangabad resident R K Bhalerao had sought some basic information from Y S International School, but the school administration rejected his application. It said the RTI Act was not applicable to it since it was private and unaided.

Bhalerao filed an appeal before the Aurangabad information commission. Bhalerao's contention was that since Cidco had granted prime land at a nominal price to the school, it was obligatory on the institute to provide information under the RTI Act. He submitted: "Since the school has secured land from a government agency at a nominal price, the school is a public authority as per the provisions of the RTI Act."

When the case came up for hearing, Deshpande summoned Bhalerao, the school administration, education officials and officials of Cidco to verify the applicant's claim. Cidco officials confirmed to the commission that it had allotted a prime piece of land to the international school at 50% of the market price.

In his 11-page order, Deshpande directed the school administration to provide information within three months and asked it to pay a compensation of Rs 10,000 to Bhalerao towards the cost of litigation.