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about the rti of private school


raokhandora

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raokhandora

Dear sir this portal contain various posts and information saying that private school are under RTI but on 24/04/2014 while hearing the appeal 2568 of 2014 state information commissioner sajjan singh said that these school are not under RTI in haryana so please guide me and suggest me some rti activist to contact . thanks

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G.R.Vidyaranya

Private educational Societies which runs these schools are not, per se, under RTI but these societies are controlled by Society Registation Acts in various states. Since they come under control of the Govt. in some ways, this fact must be leveraged intelligently to get information out of the Society through the Registrar. There in lies the challenge. There are several case studies/CIC/SIC/HC rulings to help you. Main point here the definition of information as defined in Section 2f - "information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, 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;

 

1. CIC decision dated 25-05-2009 in appeal No.CIC/AT/A/2008/ 01083 ---Shri Bhoj Raj Sahu vs SEBI

2. Decision of Allahabad High Court dated 24-01-2008 in Dhara Singh Girls High School v/s State Of Uttar Pradesh through Its Secretary (Secondary Education), U.P. Government And Ors.

3. CIC decision dated 21-07-2006 in appeal No. CIC/OK/A/2006/ 00127-- Shri Jehangir B. Gai vs Bureau of Secondary Education,

4. CIC decision dated 25-05-2009 in appeal No.CIC/AT/A/2008/ 01083 ---Shri Bhoj Raj Sahu vs SEBI

5. CIC decision No.714/IC(A)/2007 F. No.CIC/MA/A/2007/00104 dated 18-05-2007 and Decision No. 1231 /IC(A)/2007 -- Shri D.K. Chopra vs Directorate of Education, GNCT of Delhi

6. Decision of Andhra Pradesh State Information Commission in appeal No. 914/SIC-ASR/2006 between N. Subba Rao v/s Principal, Bapatla Engineering College, Bapatla

7. CIC decision Nr. CIC/WB/A/2007/00179 dated 14-2-2007 - Abid Khan vs Directorate of Education, GNCT Delhi,

8. CIC decision of 09-06-2010 in Appeal No. CIC/WB/C/2006/00080

9. CIC decision dated 1-8-2008 in appeal No. CIC/WB/A/2007/00315 - Shri Ramesh N. Gandhi, Ulhasnagar vs Hq. SWAC, Gandhinagar

10. CIC full bench decision No.5607/IC(A)/2010dated 14-07-2010 in appeal No. CIC//MA/A/2008/01117 Ms. Bindu Khanna V/S Directorate of Education, Government of NCT of Delhi

11. CIC full bench decision dated 30-11-2006 in application No. CIC/WB/A/2006/00011 Shri Sarbajit Roy v/s Delhi Electricity Regulatory Commission, New Delhi.

12. CIC decision dated 09-09-2010 in Case No. CIC/ SS/A /2010/000634 Dr. Haroon Siddiqui v/s Ministry of Agriculture

13. CIC decision No.CIC/DS/C/2010/000332 dated 25-10-2010

Shri Virajoo Kumar v/s Telecom Regulatory Authority of India

14. CIC decision No CIC/LS/A/2011/902758 dated 29-12-2011[ TRAI]

15. Judgement dated 15-06-2011 of Bombay High Court, Nagpur Bench in writ petition No. 1256/2011 - Rajeshwar Majoor Kamgari Sahakari Sanstha v/s. State Information Commissioner, Amravati, and Assistant Registrar, Cooperative Societies and others.

16. Gujarat Information Commission decision dated 17-04-2012 in complaint No. 1175/2008-09-Coop Societies.

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RAVEENA_O

The definition of public as contained in Section-2 of the Act :

 

(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—

 

(i) body owned, controlled or substantially financed;

(ii) non-Government organisation substantially financed,

 

directly or indirectly by funds provided by the appropriate Government;

 

 

To understand the caluses and sub-clauses, please read:

 

PUBLIC AUTHORITY - WHAT IS MEAN BY "SUBSTANTIALLY FINANCED BY APPROPRIATE GOVERNMENT"?

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raokhandora

i posted a query on this blog under the topic want to know more, three of our senior friends suggest me some way but with sorry i request you again that please tell me that how i prove the matter you suggested because earlier i applied for RTI after reading and consulting this blog

 

i provide copy of bombay high court cwp no 3650 of 2012 and copy of punjab and haryana high court CWP 1509 0F 2013 and copy of appeal no.cic//MA/A/2008/01117 DECISION NO.5607/IC (A)2010 and also cwp no.7265 of 2007 of Delhi high court but still they are saying that private schools are not under the purview of RTI act they are referring the CWP NO.9017 OF 2013 of supreme court of india

 

now tell me the way to get information if any

with thanks

raokhandora

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G.R.Vidyaranya

What is the information you are trying to get and from whom? Who is the PA who can access this info from the said Provate School?

 

Pls do not start new threads when old one is still active.

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raokhandora

dear sir sorry for starting new thread i want some basic information from private school such as staff statement ,way of appointment ,appointing authority ,no of students admitted per year ,copy of student attendance register etc. i applied to pio at district education officer FAA is DEO herself . DEO REWARI (HARYANA) is PA.

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