Right to information Act, 2005

Greetings of the day!

This Post is in response to your query posted above.

Generally, it is only against the public authorities that we can use the provisions of the Right to Information Act, while unaided private institutions are excluded from this.

If we go by the definition of public authority under Section 2(h) of the RTI Act, then "public authority” means any authority or body or institution of self-government established or constituted:

(a) by or under the Constitution;

(b) by any other law made by Parliament;

(c) by any other law made by State Legislature;

(d) by notification issued or order made by the appropriate Government, and includes any—

(i) body owned, controlled or substantially financed;

(ii) non‑Government Organization substantially financed, directly or indirectly by funds provided by the appropriate Government.

The definition clarifies that private institutions, only if aided by the Government, can be attracted to the provisions of the Act. And if otherwise, action cannot be taken. 

However, several state governments have individually come up with their own laws relating to RTI. For instance, Uttar Pradesh passed a law covering private schools and colleges within the ambit of RTI Act. Similarly, in Delhi too, private schools are covered by the Act. The district of Shimla too have a similar law. Whereas in some states unaided private institutions do not come under the purview of the Act.

​​​​​​Therefore, if you could provide the State in which RTI is intended to be filed against a private college, it is possible to give a more accurate and detailed information on the same.

​​​​​​Hope this helps!

Regards,

Umamageswari Maruthappan

Law Graduate

​​​​​

Unfortunately, there is currently no provision that covers unaided private institutions within the scope of the RTI Act. However, you must know about the College too. If it is aided by the government, then it would come under the Act despite being a private college. The Government should have provided funds or grants, or made any investments in the college. Check if it is an unaided or aided. If unaided, then as per the current law, you cannot bind a private college under RTI. However, in case of a Government aided private college, you can go ahead.

Hope this helps!

Regards,

Umamageswari Maruthappan

Law Graduate

If the college is a Government aided college, then it will definitely come under the ambit of the RTI Act. You can go ahead with the filing of your application.

However, I did not clearly get your second point. Could you please elaborate?

Regards,

Umamageswari Maruthappan

Well explained and advised I endorse and appreciate .

The measuring tool is first to find out as to whether the college functioning "cease to exist" without aid from Government, then only the college can be brought within the ambit of RTI Act.

If the college has not appointed public information officer, the first one has to file RTI Application to the college, after rejection/denial file complaint before State Information Commission to declare the college as Public Authority under RTI and for directions to the college for designating someone as Public Information Officer.  The complainant must also provide evidence as to how the college comes under RTI with substantial aid of the Government

This complaint hearing may come up for a minimum of 2 years.  Then the college may go to High Court and can obtain a stay order in their appeal against such decision.  In some High courts, such appeals filed in 2009 have not come up for hearing.

This is a long process.  Above all RTI is just a road and destination for the remedy.

Explore alternates and focus on remedies.

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