Obtaining information from Unaided Recognised schools is possible by applicability of section 2 (f) of RTI Act by which information relating to any private body which can be accessed by a public authority has to be provided. Thus when an RTI applicant wanted to know the action taken against the S.M. Arya Public School for making commercial use of the school premises, Central Information Commission allowed it by directing Directorate of Education to use its regulatory powers under Rules, 50, 179(2), 180 and 183 of the DSER&A 1973. (You can read many related discussions on Schools and RTI at our forum, and if you have any query, you can ask from our experts here!)
Commercial use of the school premises
Under section Rule 179 (2) of the THE DELHI SCHOOL EDUCATION ACT, 1973 (DSER&A 1973), accounts of every aided school shall be open to inspection by auditors, inspecting officers of Directorate of Education and CAG, where as under Rule 180 the account management and auditing /inspection of unaided Private school shall also be open for auditing, inspection by Director of Education and CAG. Further, Rule 183 of DSER&A 1973 speaks about proper accounting and management of fees and contribution received by management committee of school. Thus exercising powers under section 2(f) of the RTI Act using its regulatory powers under Rules, 50, 179(2), 180 and 183 of the DSER&A 1973, Directorate of Education was directed to provide information under RTI, about commercial use of the school premises by S.M. Arya Public School.
Section 2 (f) of the RTI Act states that “information” means any material in any form, including records, documents, memos, e-mails, opinions, advises, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;
(This is an extract of the decision available on the CIC public website, and is meant for generating interest in our readers only. For the true detailed and authentic copy you must read and download the decision from the CIC website)