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sood (Director)     18 January 2023

Applicability of rti act 2005 to private unaided schools

Is the RTI ACT 2005 as amended from time to time applicable to Private unaided Schools. Is there any Supreme Court judgement regarding this. 

 

Thanks in advance

 

H.K.sood



Learning

 3 Replies

Real Soul.... (LEGAL)     18 January 2023

Though there is not any judgment from SC but  state high courts has differant and varied opinion on private institutions and companies;

The Delhi High Court upheld the CIC's decision that private unaided schools would be covered by the RTI Act after hearing the petition. The RTI Act will apply to private schools, and their information will be accessible to the public. It covers not only information that is already available to a public authority about private unaided schools, but also information that can be legally accessed by such authorities.

M.P. Varghese Vs. Mahatma Gandhi University AIR 2007 Ker 230, the Hon’ble Kerala High Court while elaborating the meaning of public authority in the RTI Act 2005 states that those organisations which are receiving the financial aid from the State are under the ambit of the public authority. The word State is defined under Article 12 of the Constitution in relation to the enforcement of fundamental rights through courts, whereas the RTI Act is intended at achieving the object of providing aneffective framework for effectuating the right to information recognised under Article 19 of Constitution of India.

Adv. Mohit Chahal (Advocate)     20 January 2023

Dear Querist

It all depends on the information you want of that school. RTI Act can be implemented in many ways by a lawyer.

Regards
Mohit Chahal
Advocate
District & Sessions Court, Hisar
Phone No. 9968911099

https://mohitchahaladvocate.business.site


....

Sudhir Kumar, Advocate (Advocate)     27 January 2023

In case you are intet to get any informatiion which public authority has right to demand from a private body you can seek the said information from such public body.


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