Summary of Facts

Submitted by
Dhruv Aghi
BBA.LL.B. (A), Roll No. 8
Batch 2010-15
Of
Symbiosis Law School, NOIDA
Symbiosis International University, PUNE

Under the guidance of

Dr. Madhuker S.
Faculty in charge for
Moot Court Exercise And Internship (Clinical Course IV)
Symbiosis Law School, NOIDA

I. Summary of Meeting with Client

The client representing a reputed school in Delhi informed me that an ex
teacher of the school had filed an RTI seeking a copy her employment
records. The school responded in negative stating that it did not come under
the purview of the RTI act. However, CIC ruled that the school was under the
purview of the act and hence ordered for disclosure of the said documents.
The client sought my legal advice on the above matter.

II. Facts in Detail and Applicable Law.

Mrs. Rakhi Arora had submitted RTI application dated 4 August 2012 before
the CPIO, New Haven Public School, New Delhi (Client) seeking employment
details and records pertaining to school finances.
Vide CPIOs Order dated 28 August 2013, Mrs. Rakhi Arora was asked to take
the information directly from the appropriate authority namely the New
Haven Public School Society after which the school refused to provide her the
documents on the ground that RTI act was no applicable in the case as the
school was an unaided school and hence not a public authority.
Mrs.Rakhi Arora then filed a complaint before the Central Information
Commission. The commission held that as an employee/former employee of
the school, the appellant has every right to information about her service
book, leave record, appointment details and any other information pertaining
to her service. The school, whether it is a public authority or private body,
has a duty under sections 4 and 8 of Delhi Education Act 1973, to abide by
the regulatory conditions of service, payment of salaries as prescribed, etc
for which the school has to maintain the records, which provide an inherent
and implied right to information to their employees. If the appellant in her
capacity as ex employee of the school has right to information under any
legislation such as Delhi Education Act, that will fall under the purview of
section 2(f) of the RTI Act.

III. Probable Legal Solution

As held in Delhi State Public Management case1 Any information falling under
the Management Information System (MIS) which is to be filed by each
school (whether aided or unaided) to the Directorate of Education is subject
to disclosure under the RTI Act, 2005. If information sought by the Appellant
falls within the ambit of the above mentioned MIS, the same should be
1 WP 21/2011

disclosed under the RTI Act, 2005. Therefore the school shall not disclose any
other information other than that falling under the MIS. Therefore as an ex
employee the right to information is limited and does not fall under 2(f) of
the RTI Act. The same can be challenge in High Court by way of a writ
petition.