Often queries are raised in our forum whether private or deemed universities are under the ambit of Right to Information Act or not. Many such private or deemed universities did not designate Public Information Officers and no RTI link provided in their website. Mandatory disclosures required under Section-4 are also not complied with by these private or deemed universities. They ignore RTI applications and Appeals.
Private or Deemed Universities are public authorities within the meaning of Section-2(f) of RTI Act. The legal provisions which make these private or deemed universities Public Authority are:-
Section-3 of the UGC Act 1956 reads as under:
Section 2 clause (f) of the UGC Act further stipulates as under:
Section-2(h) of RTI Act, 2005 provides as under:
Private Universities are created either by law made by Parliament or by state legislature or by notification issued or order made by appropriate government, without which they are not considered as deemed / private universities. ( Or else, they remain only fake universities). A conjunctive reading of the definition of public authority under section-2(h) of RTI Act, with Section-2(f) and Section-3 of University Grants Commission Act, 1956, would amply make it clear that such private or deemed universities are public authorities.
Consequently, each such private or deemed university is required to designate Public Information Officer and First Appellate Authority and decide RTI Applications and Appeals received by it.
In case any private or deemed university is not responding to RTI Applications, the applicant may file First Appeal, Second Appeal and Complaint before CIC or SIC, as the case may be.
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