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rti act for private school


My daughter is studying in a private school. They cahrged Rs.4000 at the time of admission. They said it is admission fee for which they denied to give receipt. Not only this, for many things they are not providing receipts. How can I ask about where the amount is deposited. utilised etc and why they didnt give the receipt?
 
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Bangalore

Originally posted by : P Naresh Kumar
My daughter is studying in a private school. They cahrged Rs.4000 at the time of admission. They said it is admission fee for which they denied to give receipt. Not only this, for many things they are not providing receipts.
How can I ask about where the amount is deposited. utilised etc and why they didnt give the receipt?


Hello Naresh, RTI does not apply for private organisations. You can however ask politely about the same to them and try to get an answer.  BTW why dont you send your chld to Govt school?  Everything is documented there.

 
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FIN

While you are depositing, either deposit by cheque and even then ask for acknowledgment.

Or keep witnsses and record (audio/visual).

If there is a Parents Association, go with them while depositing.

If you want to agitate then generate irrefutable evidence.

Check if yur state has framed rules to control Fee...........

 

 
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thank you very much for the advice.

 

 
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FIN

You are welcome.

 
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Lawyer, Scholar

TECHNICALLY, yes you can ask for information relating to application of funds. Refer to Mukesh Jain v. Commissioner of Industries, Central Information Commission, reported at 2016 SCC Online CIC 7605 and also available on Indiankanoon.org.

Relevant paragraphs: 

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"16.  Private schools' being a private entity is not covered under RTI Act directly, but as per the Central Information Commission any information with the government relating to the regulation and management of the private schools are covered under RTI Act. Hence it means that a  citizen cannot directly file an RTI application to private school but can file an application for  CIC/SA/A/2016/000330 Page 7 information  to  the  government   authority   under   which  it   is registered  or   to  the  government  department which controls it.

...

18.   Although RTI does not apply to private schools directly at the same time it does not exempt  them completely. It indirectly controls private school. The reason behind it is that the schools  are the foundation of society hence it is necessary to have a transparency despite of being  private school or public school. RTI has been enacted for the benefit of people and hence it has  to be flexible to bring into its ambit all functions whether private or public  to ensure welfare of  people and in public interest.

19. As the activities of the functionaries of the private education sector, where a larger number  of   urban   children   partake   education   by   paying   exorbitantly   high   fees)   have   immense   and  pervasive   influence   on   children,   the   future   of any   nation,   and   accordingly   the   documents  containing   decisions   taken   by   the   controlling   authorities   have   considerable   implications   for  promoting quality education system and the well­being of the entire society which, therefore, cannot   be   claimed   as   privileged/secret   information   by   any   school   which   performs   a  governmental function.

...

The contention of SDM, HQS, Registrar of Societies  that the information sought by the  appellant pertaining to ... copies of audited accounts, circular  issued  by  the  council,   complaints  received  etc. are not under his custody and he cannot acquire them is not acceptable ... 23. Commission directs the Registrar of Societies to collect the information, not exempted under Section 8, of RTI Act, from the concerned society and provide the same to the appellant  within one month from date of receipt of this order."

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PRACTICALLY, now, in your case, I would advice against it. For one, you do not have any recipts of amounts deposited in the first place, and at best, you might get audited accounts towards amounts on paper, but not such amounts as you paid which is literally, unaccounted money in the hands of the school. Also consider that on one hand, you won't be able to achieve much with doctored accounts you might get under RTI application (I call them doctored because not issuing receipts and thus not accounting for money received is as bad as doctoring) and on the other hand, you'd antagonize the school administration against your child, for nothing.

If you want to take it as a matter of principle, ensure that you can get your child admitted to another school in the future, insist on receipts for amounts paid, then file an RTI; if receipts are denied, [in Delhi], complain to the Directorate of Education, Government of Delhi.


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FIN

The post of Mr. Atul and his id, is appreciated.


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