Applicabilty of rti act 2005 to private unaided schools

sood (Querist) 26 March 2018 This query is : Resolved
Are Private unaided schools affiliated to the CBSE covered under the RTI ACT 2005.

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Isaac Gabriel (Expert) 27 March 2018
Can get the information by addressing the educational authorities concerned.

Ms.Usha Kapoor (Expert) 27 March 2018
Yes!They are covered.

News » India News » Private schools too come under RTI Ac
Private schools too come under RTI Act: CIC
TNN | Updated: Jun 5, 2014, 06:49 IST
NEW DELHI: In a significant order, the Central Information Commission has ordered that private schools, whether public authority or not, must provide information on service records and salaries. The order came on an RTI plea filed by an ex-employee of Jindal Public School with Directorate of Education seeking a certified copies of service records

The Directorate of Education provided the information available with them but the school refused to furnish the reply, saying RTI Act did not apply on it.

Private unaided schools had challenged an earlier CIC order in court which said that schools must give information related to vacant seats, EVS quota but would be exempt from providing information on disbursement of salaries, public budget estimate of receipts etc.

Information commissioner Sridhar Acharyulu directed the school to provide the information, reasoning that provisions of RTI Act applied on private schools since they were governed by laws such as the Delhi Education Act.

Directing the school to disclose information sought by its ex-employee, CIC said the school was duty bound under Sections 4 and 8 of Delhi Education Act, 1973 to abide by the regulatory conditions of service, payment of salaries as prescribed for which the school has to maintain records which provide an "inherent and implied" right to information to their employees.

"Under Right to Education Act, 2009 also, the recognized school is under an obligation to appoint eligible teachers and provide them with prescribed wages. This also reveals that it has given inherent right to information to the teachers from their employers," Acharyulu said.

Dr J C Vashista (Expert) 29 March 2018
I totally disagree with Ms. Usha Kapoor, an impersonating expert.
Not to speak of "Un-aided" but even "aided" schools are not in the ambit of the Right to Information Act, 2005, as I have personally experienced, wherein number of my clients have to route and address their application u/s 6 of the RTI Act, 2005 through Director/Dy. Director State Education department.