Self-financing educational institutions accountable under RTI: Kerala State Information Commission
In a landmark decision, the Kerala State Information Commission has ruled that all self-financing educational institutions affiliated with Mahatma Gandhi University fall within the ambit of the Right to Information (RTI) Act.
The order was issued in connection with a complaint against the Chuttippara Nursing Education Institute, which had refused to respond to an RTI query related to the death of a student.
State Information Commissioner A. Abdul Hakkeem, who issued the directive, also brought the Centre for Professional and Advanced Studies (CPAS)—the agency coordinating these institutions—under the scope of the RTI Act.
The case stems from a petition filed by T. Sajeev, father of Ammu Sajeev, a nursing student who died in the institute's hostel on November 15, 2024. Seeking details surrounding his daughter's death, Mr. Sajeev submitted an RTI request, which the institution denied, claiming exemption on the grounds that it is a private entity.
'Unlawful'
The commission, however, rejected this argument and said that the refusal to share information was unlawful. A previous order issued on February 19 had already directed the institute to provide Mr. Sajeev with all relevant documents free of charge. The institution, however, failed to comply with the directive, prompting a second complaint.
In the new order, the commission instructed the Chuttippara Nursing Education Institute to hand over all requested information to Mr. Sajeev by May 17 and to submit an acknowledgment receipt to the commission by May 20.
Under constitutional provisions
The ruling clarified that any self-financing institution established through constitutional provisions, legislative enactments, government decisions or administered by government-appointed committees is subject to the RTI Act. Hence, the CPAS and its affiliated colleges must appoint designated Public Information Officers and Appellate Authorities.
The commission mandated that these directives be fully implemented by May 16, with a compliance report submitted by May 25. Responsibility for enforcing the order has been assigned jointly to the Higher Education Secretary and the Director of the CPAS.
If the Chuttippara Nursing Education Institute continues to withhold information, the commission has instructed its director to appear in person before it in Thiruvananthapuram on June 4, along with all relevant records.
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