Dr manoj Kumar Paul (Principal) 01 December 2016

Whether a college is a public authority under rti ?

In Assam, Colleges are provincialised by the Government. Now question arises whether a college can be considedred as a public authority and there must be a PIO at every college?

As per the Act,

5(1). Every public authority shall, ......, designate as many officers as the Central Public Information Officers or State Public Information Officers, as the case may be, in all administrative units or offices under it as may be necessary to provide information to persons requesting for the information under this Act.

(2) Without prejudice to the provisions of sub-section (/), every public authority shall designate an officer, within one hundred days of the enactment of this Act, at each sub-divisional level or other sub-district level as a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, to receive the applications for infbrmation or appeals under this Act for forwarding the same forthwith to the Central Public Information Officer or the State Public Information Officer or senior officer specified under sub-section (/) of section 19 or the Central Information Commission or the State Information Commission, as the case may be: Provided that where an application for information or appeal is given to a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, a period of five days shall be added in computing the period for response specified under sub-section (/) of section 7.

(3) Every Central Public Information Officer or State Public Information Officer, as the case may be, shall deal with requests from persons seeking information and render reasonable assistance to the persons seeking such information.

(4) The Central Public Information Officer or State Public Information Officer, as the case may be, may seek the assistance of any other officer as he or she considers it necessary for the proper discharge of his or her duties.

(5) Any officer, whose assistance has been sought under sub-section (4), shall render all assistance to the Central Public Information Officer or State Public Information Officer, as the case may be, seeking his or her assistance and for the purposes of any contravention of the provisions of this Act, such other officer shall be treated as a Central Public Information Officer or State Public Information Officer, as the case may be.

The facts are:

a) At college level the Principal is the administrative head. Whether he/she can be considered as an officer?

b) There is no other officer at college, all others are teachers.

c) The Colleges are under the Directorate of Higher Education and there is a SPIO who is of the rank Deputy Director.

d) The teachers are appointed by the Director as per the norms of the State Government.

e) If the Principal requests any teacher/ Assistant Prof/ Associate Prof to act as the PIO then he / she may not accept as it is beyond his prescribed duty.

f) The principal can only inform the matter to the Director that no teacher is ready to accept the responsibility of PIO.

Under the situation who will act as the PIO for any querries under RTI Act?

If colleges are to be considered as a public authority then all schools, from primery to higher secondary, are also public authorities and every where there must be a PIO.

Similar should be the case in all branches or units of any government offices or establishments.

Please put your valued opinion.

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10 Replies

G.L.N. Prasad (Retired employee.) 02 December 2016

The college has to be treated as Public Authority, if they are in receipt of "substantial contribution" from Govt.

The Apex court ruled that substantial contribution means "That grants/assistance without which the college cease to exist"

If the college is receiving grants or availing concessions for land etc., college is deemed as Public Authority.

(Guest)

Aided colleges come under purview of RTI. You can get any information via RTI form and postal order via usual method.

Arvind Singh Chauhan (advocate) 02 December 2016

Even a private college comes under RTI, as they are controlled and governed by govt.

G.L.N. Prasad (Retired employee.) 02 December 2016

@ ASC--Sir, can you please provide the basis on which private college can be treated as public authority merely on the grounds of controls of Govt only. If control is the case, every activity is under control of govt, and one can not find any private entity. The Act stipulations, and SC ruling is the criterion.

Arvind Singh Chauhan (advocate) 02 December 2016

Plz Go through para 16 of this judgment.

Arvind Singh Chauhan (advocate) 02 December 2016

I think it could not be attached. I am attaching both judgments, one of commission and another is of Delhi HC, which has been cited in commission's judgment.

Attached File : 35888 20161202210114 36771269 private schools come under rti act.pdf, 35888 20161202210346 36771269 private unaided school comes under rti.pdf downloaded: 126 times

G.L.N. Prasad (Retired employee.) 02 December 2016

Private aided, granted schools where there is substantial contribution falls wiithin purview of the Act. But contols are different. An applicant can seek that information that is available with that public authority, submitted by that college by filijng RTI to controlling institutions.

The judgment / decisions applies to Delhi. The issue is of Assam. Unless the college itself designates a Public Information Officer, FAA, RTI applications can not be entertained and will be returned.

Then some one should file complaint to SIC, establish as to how that College comes under Public Authority pray for declaration to that effect, and if colleges fail to file RP/Writs against such decisions, and appoints PIO & FAA, then one can seek information.

The member has posted the query with inadequate details and never providing whether there is already a PIO or in their website they have uploaded RTI information, and what all we have been doing is juust guessing and assuming this. Member should respond if he wants specific guidance.

Dr manoj Kumar Paul (Principal) 03 December 2016

Sir its true that the Provincialised colleges of Assam are substantially financed by the Govt. of Assam.

The question is who will respond to the RTI petitions sent to the colleges?

As per the ACT PIOs are officers designated by the public authorities in all administrative units or offices under it to provide information to the citizens requesting for information under the Act.

But at colleges there is no officer. the Principal is the administrative head of the college and others are teachers or office assistants.

Principal does not have any power to appoint the PIO as if any body is appointed then he/she instantly refuses to take the responsibility citing some ground. Further, they are appointed by the director of Higher Education, not by the Principal.

There is no instruction in this regard from the state government or from the Director about the appointment of PIO at every College.

Please give your valued opinion.

Dr manoj Kumar Paul (Principal) 03 December 2016

The facts are: a) At college level the Principal is the administrative head. Whether he/she can be considered as an officer? b) There is no other officer at college, all others are teachers. c) The Colleges are under the Directorate of Higher Education and there is a SPIO who is of the rank Deputy Director. d) The teachers are appointed by the Director as per the norms of the State Government. e) If the Principal requests any teacher/ Assistant Prof/ Associate Prof to act as the PIO then he / she may not accept as it is beyond his prescribed duty. f) The principal can only inform the matter to the Director that no teacher is ready to accept the responsibility of PIO. Under the situation who will act as the PIO for any querries under RTI Act?