Is private schools come under rti act in telangana
Robin
(Querist) 03 August 2016
This query is : Resolved
Sir
I am running a small school in the district of Mahabubnagar of Telangana for last 5 years and is recognised by Gvernment of Telangana with a permission to run the classes up to X.
One week back, a resident of our colony has filed an RTI query with the District Educational Officer seeking the information about my school, which was forwarded to Mandal officer, then to our school.
The query seeks the information about:
1.List of teachers, and copies of their educational qualifications.
2.Salary details of all the staff members of our school.
3. PFcontribution details of all the staff members in our school.
4. All the copies of certificates/documents submitted by the school at the time of seeking school's recognition.
My doubt is whether the school has any obligation to furnish these details to Mandal Edn.Office?
Since the qualification certificates and salaries are the private affairs of the staff members, is it necessary to give reply by the school management and the District Educational Officer?
We informed to the DEO that private school does not come under RTI act since it does not get any financial aid from government.
Pls reply.
Robin Thomas
Ph:09966766146
adv.bharat @ PUNE
(Expert) 03 August 2016
Consult Department of education of your state for further compliance.
Guest
(Expert) 03 August 2016
Mr. Robin,
There is a difference between RTI application to the school and RTI application to the District Education Officer to obtain information about the activities of the recognized school.
RTI is not directly applicable in case of a private school. But, yours being a recognized school and your school being bound under the provision sof the Government rules & instructions, you cannot deny information to the District Education Officer on call. It is his prerogative, what permissible or non-permissible information is supplied or not. As the application is made to the District Education Officer, he has to supply the relevant information to the RTI applicant after getting from the school.
Kumar Doab
(Expert) 03 August 2016
Fully agreed with Expert Shri. P.S. Dhingra.
You may also go thru on your own liability towards government, regulator and authorities appointed under the state education act.
Is your school affiliated with Board, say CBSE?
If yes, you are responsible towards such Board as well.
Sudhir Kumar, Advocate
(Expert) 03 August 2016
The application is not addressed to you rather sought from the DEO. It is stupidity on their part to send the application to you. It is they who are responsible to provide the information or to bear fine @Rs 250 per day of delay beyond one month + prosecution + disciplinary action.
Sudhir Kumar, Advocate
(Expert) 03 August 2016
Now coming to the information sought:-
1.List of teachers, and copies of their educational qualifications.
2.Salary details of all the staff members of our school.
4. All the copies of certificates/documents submitted by the school at the time of seeking school's recognition.
YOU ARE BOUND TO PROVIDE THIS INFORMATION TO THE DEO.
THEY SHOULD HAVE ALREADY COMPELLED YOU TO GIVE THIS INFORMATION WITHOUT WAITING FOR RTI.
Sudhir Kumar, Advocate
(Expert) 03 August 2016
3. PF contribution details of all the staff members in our school.
YOU ARE NOT BOUND TO GIVE THIS INFORMATION TO THE DEPT OR MANDAL.
CONTRIBUTIONS ARE PRIVATE DETAILS.
HOWEVER THE RTI MAKER CAN MAKE RTI TO THE EPFO AND SEEK LIST OF THE STAFF WHOSE PF IS DEPOSITED (NOT DETAILS OF THE REMITTANCE)
After having details of the salary paid to teachers (officially) as per information going to DEO, he can make complaint to EPFO to seek whether the figure of salary given to DEO and to ask them to recover difference of pf if you are under reporting wages to the EPFO.
Sudhir Kumar, Advocate
(Expert) 03 August 2016
Now for seeking further guidance please state reasons why you are afraid of truth coming on record.
Robin
(Querist) 03 August 2016
Sir
The teachers do feel that their privacy of their educational marks are going out to public. They are ready to give information about their qualifications but not about marks. They feel, they will be blamed of scoring less marks in their qualification s by the parents/public.
Example: our Science teacher scored just 45% marks in SSC, 55% marks in Intermediate, 59% in degree and 62% in B.Ed.
He says, his subject marks are his private affair, and no one has the right to know it, and he refused to give his marks lists to DEO. He further said, he has all qualifications prescribed by the govt. to teach the children, and no one should ask the % of marks.
It is a state board recognised school.
Some other faculty feels about their salary information going out.
Pls reply.
Ms.Usha Kapoor
(Expert) 04 August 2016
Dear Client,,
IF THESE Private schools receive grants from state government THEY ARE COVERED BY RTI.. Otherwise FILE AN RTI APPLICATION WITH THE PIO OF DEO OF THE CONCERNED DISTRICT.If you appreciate this answer please click the thank you button on my profile.
Guest
(Expert) 04 August 2016
Mr. Robin,
What kind of privacy is hidden in the following type of information, which should be open even for public?
1.List of teachers, and copies of their educational qualifications.
2.Salary details of all the staff members of our school.
3. PFcontribution details of all the staff members in our school.
4. All the copies of certificates/documents submitted by the school at the time of seeking school's recognition.
Of course, possibility of privacy of administration of your school can be there, which may be going to be disclosed through that information, if the school is not paying full salaries to the teachers, not making adequate or timely contribution towards PF, etc.
If the school doesn't have any irregularity on its part there should be no hitch on the part of the school to share that information to the DEO, which he is officially entitled even to check in order to see compliance of the conditions of recognition of the school. You can't deny any such information to the DEO. It is his prerogative, what information he has to part with or not officially, as per the provisions of the law and rules of RTI.
Kumar Doab
(Expert) 04 August 2016
@ Author,
You are under obligation by well laid rules, Acts etc to duly submit the covered details.
You are running your business and you are aware of it.
Inner wishes of anyone including but not limited to faculty does not matter, at all.
The thread has been stretched, however in the end you shall need to tender.
If faculty employed by you has any objection that rules/Act etc does not permit then you can employ faculty that has CGPA;10 and have topped later.
Since you are running your business, you may comply what you need to comply.
P. Venu
(Expert) 04 August 2016
Yes, you may not be a Public Authority under the RTI Act, but the information has been sought from a public authority who is under strict obligation to provide the information, unless exempted in terms of the provisions of the Act.
