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Pvt medical, engg colleges under purview of RTI Act


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Pvt medical, engg colleges under purview of RTI Act

as reported by Vaibhav Ganjapure & Ranjit Deshmukh,TNN 27 Sep 2008,

NAGPUR: Private medical and engineering non-aided colleges can no longer choose to hide information sought under the right to information act, 2005.

 

In a landmark order, information commissioner for Nagpur and Amravati Vilas Patil has made it compulsory for all private engineering and medical colleges to reveal information under RTI to every applicant. These colleges had earlier refused to provide information on the pretext that they were beyond the purview of the Act.

 

The order was delivered in response to an appeal filed by Rajkumar Bhoyar against first appellate officer, principal of Yashwantrao Chavan College of engineering (YCCE), Wanadongri and YCCE public information officer.

 

Earlier, private engineering and medical institutions refused to divulge information under RTI to applicants as they "were not governed by the government nor they received any government grant and hence the RTI was not applicable to them, Patil told TOI and said he took help of two Supreme Court judgments for passing the order.

 

"As per verdict of apex court, all private engineering and medical institutions were governed by the University Grants Commission (UGC), All India Council for Technical Education (AICTE) and the Medical Council of India (MCI)," Patil said.

 

Pvt medical, engg colleges under purview of RTI Act-Nagpur-Cities-The Times of India

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  • 2 months later...
arshadindia

sir,

i want to copy of judgment of apex court"........compulsory for all private engineering and medical colleges to reveal information under RTI to every applicant."

 

Arshad Hussain

=============================================================

NAGPUR: Private medical and engineering non-aided colleges can no longer choose to hide information sought under the right to information act, 200

5.

In a landmark order, information commissioner for Nagpur and Amravati Vilas Patil has made it compulsory for all private engineering and medical colleges to reveal information under RTI to every applicant. These colleges had earlier refused to provide information on the pretext that they were beyond the purview of the Act.

The order was delivered in response to an appeal filed by Rajkumar Bhoyar against first appellate officer, principal of Yashwantrao Chavan College of engineering (YCCE), Wanadongri and YCCE public information officer.

Earlier, private engineering and medical institutions refused to divulge information under RTI to applicants as they "were not governed by the government nor they received any government grant and hence the RTI was not applicable to them, Patil told TOI and said he took help of two Supreme Court judgments for passing the order.

"As per verdict of apex court, all private engineering and medical institutions were governed by the University Grants Commission (UGC), All India Council for Technical Education (AICTE) and the Medical Council of India (MCI)," Patil said.

Pvt medical, engg colleges under purview of RTI Act-Nagpur-Cities-The Times of India

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  • 2 months later...
khokonsona

I think its not the approprate perception on this issue. the question is, if there is an application under RTI act directly to a private unaided medical or engg. college, whether the college can refuse to reply.

 

private unaided colleges are not governed by any council, these are governed by trust/ registered society. they just need formal approval/ permission/ recognition from the council.

 

if an applicat requires require information about such colleges, he should apply the council who is bound to provide the information rather than the college.

 

Can anybody tell me if I am wrong ??

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arshadindia

In general, all govt. and private medical, engineering, nursing, pharmacy, and UG/Pg private institutions come under the purview of RTI.

 

"Public Authority" means any authority or body or institution of self

government established or constituted-

a) by or under the constitutions;

b) by any other law made by Parliament;

c) 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 organization substantially financed, directly or

indirectly by funds provided by the appropriate Government.

 

Generally all medical, engineering, nursing, pharmacy, and UG/Pg private institutions come under notification issued or order made by the appropriate State / central Government "Constituted" by any Govt Act.

"The word "Constituted" does not necessarily mean "created" or "set up" though it may mean that also. It also includes the idea of clothing the agreement in legal form. The word in its wider significance, word include both the idea of creating or establishing and the idea giving a legal form to, a partnership/giving legal shape".

(M/s R.C. Mitter and sons v/s Commission of Income Tax, AIR 1959 SC 868.)

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Arun Gumber

Re: Pvt medical, engg colleges under purview of RTI Act

 

My questions to all seniors in this forum is whether small schools,which are recognised by the states like Municipal Corporatioms,State Eductaion Departments will also come under the purview of RTI.A School which is uptill class Vth and have limited resources and limited staff ,which does not get any aid of any sort be it free land / land on concession,

 

I feel they will not.IS there anyone to comment on this.

 

Thanks and regards

 

Arun Gumber

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Arun Gumber

Dear Sir,

 

Does that mean all unaided Public schools which even do not get any concession form the Govt are subject to be covered under the purview of RTI as per latest supreme court judgement

 

Arun Gumber

 

In general, all govt. and private medical, engineering, nursing, pharmacy, and UG/Pg private institutions come under the purview of RTI.

 

"Public Authority" means any authority or body or institution of self

government established or constituted-

a) by or under the constitutions;

b) by any other law made by Parliament;

c) 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 organization substantially financed, directly or

indirectly by funds provided by the appropriate Government.

 

Generally all medical, engineering, nursing, pharmacy, and UG/Pg private institutions come under notification issued or order made by the appropriate State / central Government "Constituted" by any Govt Act.

 

"The word "Constituted" does not necessarily mean "created" or "set up" though it may mean that also. It also includes the idea of clothing the agreement in legal form. The word in its wider significance, word include both the idea of creating or establishing and the idea giving a legal form to, a partnership/giving legal shape".

(M/s R.C. Mitter and sons v/s Commission of Income Tax, AIR 1959 SC 868.)

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sandeepbaheti

Unaided private schools are not public authorities. Mere recognition by a government body is not sufficient to constitute a public authority.

On the other hand, all government schools are public authorities notwithstanding the small size, limited resources and limited staff in many of them.

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  • 2 months later...
arshadindia
Dear Sir,

 

Does that mean all unaided Public schools which even do not get any concession form the Govt are subject to be covered under the purview of RTI as per latest supreme court judgement

 

Arun Gumber

 

Sir,

 

pls provide copy of judgment or reference Number

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Arun Gumber

I fully agree with Mr. Khokonsona'S view that the required information has to be collected throught the required affliation,which has a right of control ,when the aforesaid,colleges,Institutions or even schools who are recogonised,Affliated to different Controlling Institutes.It is again a matter of issue which my seniors have discussed in the past that unaided medical colleges/schools not governed by any councils or UGC e.t.c does not come under the purview of this act .

 

However,the remedy is available by approaching through their affliatied bodies,

 

I will once again request my seniors like Mr Arshad to confirm.

 

Regards and wishing all the best to every memebrs including the moderator/Mr. kaushal

 

Arun Gumber

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