CIC's RTI order on pvt schools stayed

Abhinav Garg, TNN Sep 24, 2011, 06.09am IST

NEW DELHI: Delhi high court on Friday decided to examine if the private unaided schools in the capital fall under the RTI Act and can be termed a "public authority" .

Justice Rajiv Sahai Endlaw admitted a petition filed by one of the Delhi Public Schools challenging a Central Information Commission ruling that such schools are "public authority" as defined by the RTI Act and stayed the CIC order.

HC also made 'Delhi Abhibhavak Mahasangh' — an association of parents — a party to the case and asked all stakeholders , including the education directorate, to respond to the petition filed by DPS Rohini through its Principal Rita Sen.

Appearing for the school, advocate Punit Mittal argued the school is neither directly nor indirectly funded by the government. He also opposed CIC's conclusion that land was allotted to the school in 1997 at a concessional rate and said the CIC ruling is bad in law. After taking into account the arguments , HC has now posted the case for December.

Earlier this year, the CIC had declared DPS comes under the ambit of RTI Act as it received substantial funding from the government in the form of subsidized land. The transparency panel said Delhi Public School, Rohini, is a public authority within the ambit of the RTI Act as it is controlled by different agencies under the Delhi administration like DDA and Directorate of Education.

The case relates to an RTI applicant Mohit Goel who sought information from DPS, Rohini, on admission procedures and admissions made under the policy framework specified by the Department of Education for 2010-11 for preschool.

The school refused to give any information saying the RTI Act is not applicable on it as it is a private unaided organization and also cited clause of exemption of personal and private information. Before the Commission, Goel challenged the reasons put forth by the school saying over 10,000sqm of land has been allotted to the school by DDA at a nominal rent of Rs 10 per annum.