Is DAV Public school under RTI Act 2005 ?

[s p verma 0]

dear sir,

i want to know whether CBSE affiliated schools comes under RTI Act,2005.

i want to know whether the below mentioned school comes under this Act or not---

school's name - D.A.V.PUBLIC SCHOOL

Address - B.S.E.B.COLONY

PUNAICHAK,

PATNA

STATE- BIHAR

PINCODE- 800023

 

 

WHOLE STORY---I wanted to get some information about a student ,who was studying in this school in the year 2010.

For this, at first , i went to STATE INFORMATION COMMISSION ,BIHAR, PATNA and queried about the above mentioned school.

the officials told me that it comes under this Act but if i want to file the first appeal then i have to send it to CIC.

After getting this information ,i asked the information which i wanted to get.But, the school authorities returned the APPLICATION along with the IPO of Rs 10/-,stating that this school does not comes under this act .

Therefore, i need this information to file the FIRST APPEAL .

 

yours sincerely,

sushma prasad verma

[jps50 1,580]

This is not a public authority under RTI Act and appears to be a private entity. However you may refer:

 

Private entity:

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

[dr.s.malhotra 1,471]

Search does not indicate that it is a Public Authority under RTI Act .

But that can not be the criteria .

 

DAV institutions are not Govt bodies . So straight way do not fall u/s 2(h) of RTI Act to bring those under RTI Act . In case of private bodies . But that does not mean that all non-govt bodies will not be covered under RTI Act . Some will be covered , some will not be . Which private bodies will be covered , is to be determined as :

s2.(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;

 

here s.2(h)(d)(ii) has to be applied . You may read as - those non-govt organisations which are ubstantially financed, directly or indirectly by funds provided by the

appropriate Government , are to be designated as Public Authorities under the Act .

Going by this section - subsection , not all DAV Institutions are Public Authorities . Only those which have received substantial help from govt are to be designated as Public Authorities .

[Sunil Ahya 792]

If an entity is a Public Authority:

Then it is directly covered under the RTI Act, and as such it has to appoint Public Information Officers, with whom citizens can file their RTI applications and seek information from them.

 

If an entity is a Private Body:

 

Then it is not directly covered under the RTI Act, but then it indeed is indirectly covered under the RTI Act, in the sense, that.

 

> You can file your RTI application with the Public (Govt.) Authority with which a Private entity is registered,

 

> And that Public Authority will in turn access the information from a Private Authority and provide it to you as an applicant.

 

To learn more about it, please refer to the following link (provided by jps50 Sir):

 

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

[Sunil Ahya 792]

If an entity is a Public Authority:

Then, it is directly covered under the RTI Act, and as such it has to appoint Public Information Officers, with whom citizens can file their RTI applications to seek information from them.

 

If an entity is a Private Authority:

Then, it is not directly covered under the RTI Act,

 

But then it indeed is indirectly covered under the RTI Act, in the sense, that you can file your RTI application with the Public (Govt.) Authority with which a Private entity is registered, and that Public Authority will in turn access the information from a Private Authority and provide it to you as an applicant.

 

To learn more about how a private entity is indirectly covered under the RTI Act, please refer to the following link (by jps50 SIr):

 

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