Court Upholds Transparency Obligations under Tamil Nadu Private Schools (Regulation) Rules, 2023
In a significant ruling, the Madras High Court has determined that private unaided educational institutions in Tamil Nadu do not qualify as "public authorities" under the Right to Information Act, 2005. Justice M. Dhandapani presided over the case involving the All India Private Educational Institutions Association challenging the State Information Commission's directions for fee structure disclosures. The court emphasized that mere regulatory oversight by the government does not bring private schools within the ambit of the RTI Act, as they are neither owned, controlled, nor substantially financed by the government.
The court's decision stemmed from a series of events following an RTI application filed in 2022, seeking details of fee structures in private schools. The State Information Commission had subsequently issued broad directives requiring private schools to display fee structures prominently. This led to a writ petition filed by the association, arguing the directions were unconstitutional and beyond the commission's jurisdiction.
Justice Dhandapani clarified that private schools are not public authorities under Section 2(h) of the RTI Act, as they do not meet the criteria of being owned, controlled, or substantially financed by the government. Despite the RTI Act's limited applicability, the court acknowledged the state's regulatory powers under the Tamil Nadu Private Schools (Regulation) Rules, 2023. Rule 17(3) mandates private schools to display fee structures on their notice boards and websites, a requirement aimed at ensuring transparency for parents and guardians.
The court modified the State Information Commission's directions, aligning them with the regulatory framework under the Tamil Nadu Private Schools Act. The ruling reinforced the obligation of private schools to update and display fee information one month before each academic year, thereby aiding parents in making informed decisions.
Additionally, the court set aside penalties imposed on educational officials for non-compliance, noting that the requested information was not in their possession. This decision underscores the balance between transparency and the limits of jurisdictional powers under the RTI Act, while affirming the regulatory role of the state in educational administration.
Bottom line:-
Private unaided educational institutions are not "public authorities" under Section 2(h) of the Right to Information Act, 2005, as they are neither substantially financed nor controlled by the Government. However, such institutions are obligated under Rule 17(3) of the Tamil Nadu Private Schools (Regulation) Rules, 2023, to display the fee structure on their notice boards and websites.
Statutory provision(s):
Right to Information Act, 2005 Section 2(h), Tamil Nadu Private Schools (Regulation) Rules, 2023 Rule 17(3), Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009 Section 3(2), Tamil Nadu Private Schools Act Section 32, RTI Act Section 19(8)(a)(ii), RTI Act Section 20
The Madras High Court's judgment highlights the nuanced relationship between private educational institutions and transparency obligations, providing clarity on the application of RTI provisions in the educational sector.
