Private schools come under RTI Act

The Hindu: Chennai: Saturday, July 14, 2018.

Information panel says institutions that receive govt. funds must furnish details of cases against staff

In a significant order, the Tamil Nadu Information Commission has held that private schools that receive grants, funds and benefits from the government either directly or indirectly come under the purview of the Right to Information Act.

Passing orders on a petition that sought information relating to safety aspects in a private school in Vellore district, the Commission said that details of criminal cases pending against members of the school management, the principal, the teaching/non-teaching faculty and others be published on their official website.

The Director of School Education was asked to inform all Chief Education Officers to ensure that the order was complied with. The Director, State Crime Records Bureau, shall coordinate and instruct the District Crime Records Bureau to provide necessary information to the CEOs, said State Information Commissioner S. Muthuraj, in his order.

A petition was filed by J. Mohammed Ali Siddiq to the Chief Education Officer, Vellore, seeking information regarding the safety steps taken to ensure the security of students of, St. Joseph Matriculation Higher Secondary School there and the report pertaining to the inspection of the school’s campus and transport.

Though the orders were issued, the petitioner did not receive the information.

He filed an appeal and then moved the Commission. Directing the public authority to give details sought by the petitioner with regard to the case, Mr. Muthuraj said it was the duty of the State government to ensure that safety measures were taken to secure the well being of students in all schools across Tamil Nadu.

The State Information Commissioner said that schools across the State were receiving grants from the government under the Right to Education Act.

Disclosing information

All schools registered under the Trust Act were receiving various financial assistance, besides Income Tax relief and exemption/concessions at the time of registering properties, in addition to subsidies for electricity and water consumption.

All vehicles registered in the name of the schools were given considerable concession and benefits at the time of registration and at the time of annual permit renewal. He said Government schools, Government aided schools, private schools recognised by the State Government or Central Government and International schools were governed and monitored by the State Government by way of giving recognition to the schools. “All schools that receive the above mentioned grants, finance and benefits from the government either directly or indirectly are construed as Public Authority as per Section 2(h) of the Right to Information Act.

“The Public Authorities are bound to disclose all information that are of public importance under Section 4 of the Right to Information Act,” he said.

At a time when incidents of child abuse are rising and crime against children is reported in some educational institutions, parents had a legitimate right to know the credentials of persons who managed the institutions. This commission was bound to issue a direction to the schools to furnish the steps/measures taken by the school management for the safety and security of the children. Parents had a right to know under RTI the steps taken to protect the welfare of the children and ensure a conducive atmosphere and also about the management and staff, Mr. Muthuraj said.

Criminal antecedents

"In these circumstances, it is hereby directed that all educational Institutions/schools within the State of Tamil Nadu shall in their respective websites disclose all information pertaining to criminal cases pending against person or persons who is a part of the Management Board, Advisory Committee, the Chairman, the Trustees, the Principal, the Correspondent, Teaching Staff, non-Teaching Staff including Drivers and attendant of the vehicles used by the Schools or any other person involved in discharging the functions of the School," he said.

The Public Information Officer, Directorate of School Education, and the Public Information Officer, State Crime Records Bureau, were told to submit the action taken report on July 16, 2018 to the commission.