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anqur84

RTI applies on private universities or not?

Question

anqur84

Hello,

I want to know weather RTI can file on Private University to get information about faculties details? Many private universities's website data is showing list of faculties who does not work there. Please help me with substantial evidence.

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MANOJ B. PATEL

Welcome to RTI INDIA PORTAL. Thank you for choosing RTI INDIA PORTAL.

 

Please click the following link and read through the topics:

 

RTI Information

 

Please do not post in to multiple forums or start multiple threads. You need to study links on home page of this website and then start drafting RTI for common problem of specific issues etc. You can post draft RTI application on this portal so that our members can refine it. Thus you will be having working knowledge of RTI over a period of time. Please also visit this website often and peruse queries and replies by our members, which will make you comfortable with RTI.

 

Dear Member, in addition,

 

If you are interested in reading the whole RTI Act please go to the following link:

 

Right to Information Act 2005 [RTI Wiki]

 

To explore about RTI kindly refer following links

 

(A) Download RTI Forms

(B) How to Become RTI Activist

© How to file RTI Online

(D) Centre / State RTI Rules and Fees

(E) Case laws of RTI

 

Regard & Best Wishes.

Manoj B.Patel

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MANOJ B. PATEL

If private universities are not covered under RTI you can obtain information through UGC.

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Prasad GLN

Private Universities may not be covered under RTI. But using fake names and misleading public is in larger public interest.

What one can do is just to find out three of four such names in that University and complain to UGC, then follow it up with RTI from UGC.

Two or three days back, it appears that UGC has commenced on line system and grievance redressal/complaint etc., (I have yet to visit that site and not competent to inform the contents)

The same situation prevailed in several Engineering colleges and Medical colleges. They have devised new ways and commenced on line reporting system of attendance of such professors and cross checking the names. (One professor's name appeared working in three medical colleges on a day). The state introduced some reforms to detect and UGC is much serious about such violations.

In larger public interest, one should collect concrete details and then complain to UGC and as well to Collector/local administration. (Higher education)

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harinder dhingra

Learned Mr. Anqur Sir,

 

Private Universities which are created by an act of legislature are public authorities under Section 2(h)© of RTI Act 2005.

 

The Haryana SIC in undersigned Complaints has declared Amity University, ITM University (they have taken stay from PHHC), Ansal University, Manav Rachna University, NILM University, Kaithal, Baba Mast Nath University, Rohtak, SGT University, Farooq Nagar, Gurgaon, as public authorities and they are providing information under RTI Act 2005.

 

harinder dhingra

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RAVEENA_O

Section-3 of the UGC Act 1956 reads as under:

 

Application of Act to institutions for higher studies other than Universities. The

Central Government may, on the advice of the Commission, declare, by notification

in the Official Gazette, that any institution for higher education, other than a

University, shall be deemed to be a University for the purposes of this Act, and on

such a declaration being made, all the provisions of this Act shall apply to such

institution as if it were a University within the meaning of clause (f) of section 2.

 

Section 2 clause (f) of the UGC Act further stipulates as under:

 

"University" means a University established or incorporated by or under a Central

Act, a Provincial Act or a State Act, and includes any such institution as may, in

consultation with the University concerned, be recognized by the Commission in

accordance with the regulations made in this behalf under this Act.

 

Section-2(h) of RTI Act, 2005 provides as under:

 

(h) “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; © by any other law made by State Legislature; (d) by notification issued or order made by the appropriate Government, and includes any—

 

 

Private Universities are created either by law made by Parliament or by the state legislature or by notification issued or order made by the appropriate government, without which they are not considered as deemed / private universities. ( Or else, they remain only fake universities). Looking from the definition of public authority under section-2(h) of RTI Act, it would be clear that such private universities are public authorities.

 

Consequently each such private / deemed university is required to designate PIO and FAA and decide each RTI Application received by it.

 

You may now file RTI Application addressed to the Central / State Public Information Officer (depending upon the state/central govt notified the University) ...... Univesity, ..........full address and seek information.

 

If they don't reply within 30 days, file First Appeal before the First Appellate Authority ...... Univesity, ..........full address and seek a direction to supply the information. Wait for 50 days and thereafter file Second appeal before the CIC or SIC, as the case may be.

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harinder dhingra

Excellent narration of facts Learned Ms Raveena Madam,

 

The undersigned, learned this from you, submitted the same argument to get almost nine private universities declared as public authority under RTI Act 2005

 

harinder dhingra

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jps50

Please refer:

 

Private entity:

http://www.rtiindia.org/forum/blogs/jps50/154-how-get-information-private-entity-under-rti.html

https://app.box.com/s/tpov6lndcqd592871d1e

 

HOW TO FILE RTI:

http://www.rtiindia.org/forum/blogs/jps50/93-how-make-rti-application-effective.html

https://app.box.com/s/5n8e7xx2l2n48yt7hhy1

 

Central Govt. application: for UGC

http://www.rtiindia.org/forum/blogs/jps50/19-rti-application-central-govt-info.html

https://app.box.com/s/0fti1wo0urndonb8d7x1

 

For State Govt information: For deemed university.

http://www.rtiindia.org/guide/centrestate-rti-rules-and-fees-3/

 

To avoid delay and inconvenience, I suggest that you file one RTI directly to University and another to UGC by referring first link of this post. One or both may work. It would be time consuming [minimum 2 years] to get private university declared as public authority, if it contends that it is not under RTI Act

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Prasad GLN
Posted (edited)

Sri Harinder Dhingra is not visiting this forum but continuing his fights with Public authorities he is well known RTI activist.  In spite of his efforts in bringing several crores income to Haryana Government by unearthing several financial scams through RTI, employment, etc., he has yet to receive due recognition from Government.

 Query: In which matter they have been declared as Public Authority Especially Amity University 

Reply: They have been declared as Public Authorities under RTI Act and were brought within the ambit of RTI Act.

 

 

Edited by Prasad GLN

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