The Hindu : Tamil Nadu / Chennai News : Aided schools come under RTI Act, rules Madras High Court

Online edition of India's National Newspaper
Wednesday, Apr 18, 2007
ePaper

Tamil Nadu

Tamil Nadu - Chennai

Aided schools come under RTI Act, rules Madras High Court

Special Correspondent

Writ petition filed by an aided school dismissed

CHENNAI: An aided, private and recognised school receiving substantial State funds is a non-governmental organisation coming under the purview of the Right to Information (RTI) Act, the Madras High Court has ruled.

Dismissing a writ petition filed by an aided school, claiming that it fell neither under the State Act nor under the Central Act, and hence a circular calling upon it to furnish certain information should be quashed, Justice K. Chandru said: "The contentions raised by the school are misconceived and have to fail miserably. It is too late in the day to hold that the RTI Act 2005 will not apply to the petitioner-school, which is a non-governmental organisation substantially funded by the State. The petitioner-school has no prejudice by furnishing information sought by the respondent or any other citizen in the future."

Diamond Jubilee Higher Secondary School at Cutcherimedu in Gobichettipalayam in Erode district has 2,374 students on its rolls.

The cent per cent aided school paid salary to its 59-strong faculty members from the State aid.

Misunderstanding

One Square Root Solutions, which was conducting spoken English classes in the school, discontinued the programme over a misunderstanding with the management. Then it sought certain information relating to the money collected by the institution. After the plea was turned down, the company moved Education Department officials, who upheld the validity of the plea.

Aggrieved, the school filed the writ petition to quash the circular issued by district educational authorities.

Dismissing the contention, Mr. Justice Chandru said: "Right to information or the right to freedom of information refers to an individual's right or freedom to seek public information, where information means any material relating to the affairs, administrative decision of a public authority. It is mandatory that the flow of the information must be free."

Quoting from the speeches of the former Judge of Supreme Court, Justice AR. Lakshmanan, and the sitting Judge of the Madras High Court, Justice Prabha Sridevan, the judge said: "The petitioner-management is a public authority under Section 2(h)(d)(ii) of the Act. The fact that more than a crore of rupees is spent by the State covering 100 per cent salary to all the teachers, for whom posts have been sanctioned, clearly shows that the school receives substantial funding. Once the Act covers, there is no escape for the petitioner-management from providing the information sought by any citizen."

The school is free to file an appeal under Section 19 of the Act and establish that the information was unwarranted, the judge said. "Even in those cases, the final word rests on the State Public Information Officer."

Printer friendly page
Send this article to Friends by E-Mail

Tamil Nadu