|Dr. Ramprosad Saha
|Dr. Tapan Kumar Parichha
For any queries as per RTI Act application may be sent to SPIO, RTI Cell, Suri Vidyasagar College.
Rights of Students under Right to Information Act 2005
Right to Information (RTI) is the right of every citizen in India. Student is also a citizen of India. As applicability of RTI is vast, so the object of the paper is confined to students so that students could gain their entitled information and secure admissions in educational institutions of their choice.
IMPORTANCE OF INFORMATION:
In the present day public activity, information is an essential part and it helps in taking right decisions in right time. Securing information is a right of every citizen and providing information is a duty of every public official. “Information” is now a Fundamental Right as held in a Supreme Court case ( S.C. Technology and National Resources Policy Vs Union of India 2007(11)scale75). Therefore, denial of information to any person by a public authority leads to infringement of Fundamental Right. Information is useful to students in many ways like information relating to cut off marks in admissions in educational institutions, cut off marks in competitive exams etc. Under RTI Act , every student has a right to know the functioning of every Public Authority i.e. universities and other educational institutions, which are also declared as Public Authorities1 .
WHAT IS PUBLIC AUTHORITY:
According to section 2(h), of RTI 2005, “public authority” means any authority or body institution of self-government established or constituted –
a. By or under the constitution
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 included any – ‐ body owned , controlled or substantially financed ‐ non-government organization substantially financed directly or indirectly by funds provided by the appropriate governments In several cases, High Courts in India have held that educational institutions also come under the definition of Public Authority. Under RTI Act , it is held that schools and colleges receiving grants from government are Public Authorities2 . The government institutions and the authorities set up under the notification issued by the government in exercise of their executive power or owned or financed or controlled by the government are also come under the definition of Public Authority3 . It means universities and other educational institutions are Public Authorities, therefore, every student is entitled to receive the information relating to his education.
WHAT IS INFORMATION:
According to section 2(f) , “information” means any material in form , including records , documents, memos, e-mails, opinions, advices, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any law for the time being in force. But all information cannot be given, there are some restrictions in providing information and there are some exemptions under RTI, under which Information cannot be given.