The Shillong Times: Guwahati: Thursday,
October 20, 2016.
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.
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