02 May 2024 Education >> Miscellaneous   |   RTI – Right to Information >> Miscellaneous  

In a win for transparency in education, the Delhi High Court recently ruled in favor of an RTI applicant seeking information on how many teachers in Delhi faced action for providing private tuitions. This decision reinforces the public's right to access information under the Right to Information (RTI) Act and tackles potential conflicts of interest within the school system.

Background of the Case:

An individual filed an RTI application with the DoE seeking details on the number of cases where action was taken against teachers for providing private tuitions in Delhi over the past decade. The DoE, instead of providing the information, transferred the application to various district Public Information Officers (PIOs). Due to a lack of response within the stipulated time, the applicant appealed to the Appellate Authority and subsequently to the Central Information Commission (CIC). The CIC directed the DoE to provide information for the past five years.

DoE's Arguments:

The DoE challenged the CIC's order, arguing that they cannot be held responsible for unaided private schools and are not mandated to maintain a record of such cases. They also claimed that providing information for such a large timeframe would be burdensome.

Applicant's Contention:

The applicant countered that the DoE has information on major penalties imposed on teachers in private schools, as these require approval from the department.

Court's Decision:

The High Court dismissed the DoE's petition and upheld the CIC's order. The Court emphasized that the DoE cannot deny information due to the difficulty of collecting it. They must make an effort to collate the information from various sources.

The Court's order mandates the DoE to provide details on:

• Action taken against teachers in government and aided schools (all cases).
• Major penalties imposed on teachers in private unaided schools.

The DoE can approach the CIC for an extension if the timeframe set earlier has expired.

This judgement reinforces the transparency objectives of the RTI Act and ensures that information regarding potential conflicts of interest within the education system is accessible to the public.

  Right to Information Act, 2005