Teachers have inherent and implied right to information from school regardless of school being private or public

right to information from school

Whether a school is public authority or private body, it has a duty Under sections 4 and 8 of Delhi Education Act 1973, to abide by the regulatory conditions of service, payment of salaries as prescribed, etc for which the school has to maintain the records, which provide an inherent and implied right to information to their employees.

Under Right to Education Act 2009 also the recognized school is under an obligation to appoint eligible teachers and provide them prescribed wages. This also reveals that it has given inherent right to information to the teachers from their employers. If the RTI applicant in her capacity as ex-employee of the school has right to information under any legislation such as Delhi Education Act, that will fall under the purview of section 2(f) of the RTI Act which gives the PIO, Appellate authority and the Information Commissioner, power to enforce her right to information.

This was decided by Chief Information commission in the latest decision available here.

The RTI appellant submitted that through his RTI application, she is seeking copies of her appointment letter issued by Jindal Public School, staff statement of all the employees, acquaintance roles (PBR), certified copy of her service book, etc.
She sought copy of her service book which is maintained by the school and the school claims that it would not fall under RTI Act.

CIC stated that as an employee/former employee of the school, he / she has every right to information about her service book, leave record, appointment details and any other information pertaining to her service.

CIC directed the school to discharge their obligation under law by furnishing the information sought by the teacher to the school authority, who in turn is directed to provide the same to her within 21 days.

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Posted in Section 19, Section 3
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One comment on “Teachers have inherent and implied right to information from school regardless of school being private or public
  1. B Pugazhendhi says:

    It is doubtful whether this decision is sustainable in law. If at all there is any right under any law other than the RTI, does the CIC have any jurisdiction to enforce that right? Sec 2(f) quoted in the order merely defines what ‘information’ means.

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