Dear Expert ,
Please suggest me how to proceed to take information under RTI Act from cbse affiliated private school in Dehradun.
Regards,
Rahul Singh
Private entities under IT act -
The organisations which do not comply with the definition of public holiday under section 2 h of the RTI act is considered to be private entities. Although just being a private entity does not accept one from the RTI act.
Private organisation which have been substantially funded are covered under the RTI act which includes the NGOs, schools, colleges, etc which have been aided by the government.
In case of public private partnership one can get information by filing RTI application to the public partner.
Private schools under RTI
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 regulation and management of private schools are covered under RTI act. answer citizen cannot directly file in ITI application against private school but can write the application for information to the government authority under which it is registered what are the government department which controls it.
In the case of Khanapuram Gandaiah v. Administrative Officer & Ors [AIR 615 SC, 2010] where the supreme court held that as per Sec.6 of the RTI Act only those information regarding to the private entity could be obtained which can be accessed by the Public Authority under any other law.
How to file RTI against private authority
As has been mentioned that the private school is not directly covered under the RTI Act but it does not exempt them from providing information through RTI. Any citizen can attain information through these private schools.
How to file RTI against private authority -
Firstly one has to recover information relating to the government regulator or government department with which it is registered as many of the private entities are controlled by the some or other government department. For example schools are regulated and controlled by the Dist. Education Officer.
Secondly, has to locate the Public Information Officer or any other authority to which RTI application can be send, through this one can avail information regarding private school.
Apart from it the person filling the application has to comply with the RTI format and the fees for attaining information and other rules mentioned in the Act.
How to file RTI online and guidlines - https://rtionline.gov.in/guidelines.php?appeal
RTI form - https://rtionline.gov.in/request/request.php
