Pvt schools as Public Authorities!

Dr Raja Muzaffar Bhat
Presentation Convent School Srinagar which is considered to be one of the prestigious private schools in Kashmir claims that it is not a Public Authority within the meaning of Right to Information Act 2005 (RTI Act). Some months back while responding to the Chief Education Officer, Srinagar, the school principal said that she was not obliged to provide information under RTI Act as the institution didn’t fall within the definition of public authority ? It is important to mention that Presentation Convent School is located in Srinagar’s posh-Rajbagh locality with more than 90 kanals of Government land having been leased out to its management decades back for a meagre annual rent of Rs 12,000 only.
The school denied information under the RTI Act to Dr. Riyaz Daga, a physician, whose daughter Zainab was denied admission in LKG last year. Dr Riya’s older daughter is already a student of same school thus he was sure his second daughter would get the admission without any difficulty. The denial of information has generated a debate among legal and social circles in Srinagar.
Info sought by Dr Riyaz
Dr Riyaz Daga sought admission for his daughter Zainab in Presentation Convent School, Rajbagh. The checklist for admission prepared by the school management had laid down certain eligibility criteria. Though some of it sounded anti-poor and unprincipled, Daga fulfilled them. This included the educational and financial status of the parents, area of residence and siblings studying in the same school.
Following the denial of admission to his daughter, Daga wrote to the school principal, explaining his point of view. He said he was a physician, besides being a noted social activist as well.
The letter reads: “The mother of the ward is a Post Graduate in Mathematics with B-ed who voluntarily works as a community teacher. The elder sister of the ward namely Mahira Riyaz is a bright student studying in class 3rd -D in the same institution, which is a positive point for the ward to seek admission. That the parents of the ward are residing in the heart of Srinagar city (Qamarwari area) and thus live within the catchment area which is one of the important parameters for admission. That the denial of admission to the ward is totally unjust and unwarranted as the authorities of the institution have flouted the said criteria themselves by granting admission to non-deserving wards who neither belong to the catchment area nor their parents are so much qualified and nor have any sibling admitted in the school.”
When there was no response from the school authorities Dr Riyaz filed an RTI application before the Principal, Presentation Convent School, Srinagar and Directorate of School Education, Kashmir. Dr Riyaz knew that the school authorities wouldn’t respond to his RTI application and that was the reason he filed another application before the Directorate of School Education, Kashmir, on February 27, 2021 seeking information about admission process in the school.
The designated Public Information Officer (PIO) of the Directorate of School Education, Kashmir, didn’t provide any response to Dr Riyaz. On April 12, 2021, the aggrieved parent filed an appeal before the First Appellate Authority (FAA) of the Directorate of School Education, Kashmir.
The Director, School Education, Kashmir, who is also the FAA under the RTI Act 2005 didn’t adjudicate the appeal. In the meantime, Dr Riyaz got a copy of a letter written by the Chief Education Officer (CEO), Srinagar, to the principal of the school. It seems that the Directorate of School Education, Kashmir, had directed the CEO to write the letter.
The CEO’s letter dated April 7, 2021, asked the Presentation Covenant School principal to provide point-wise information to his office. It warned that any delay caused in the matter shall warrant penalty under RTI Act 2005. Technically, the PIO in the Directorate of School Education, Kashmir, who is also the officer on special duty (OSD) there, should have written to the principal.
The officer put the ball in the CEO Srinagar’s court. This violates the RTI Act. On April 1, 2021, the CEO sent an official communication (No: CEO/SGR/RTI/Estt/2535-36) to Dr Riyaz Ahmad Daga, which contained a letter from Presentation Convent School. The school authorities said they couldn’t provide any information as the school was not a public authority.
The letter read: “With due respect, it is submitted that Presentation Convent Higher Secondary School, being a private unaided institution does not fall within the definition of Public Authority as defined under section 2 (h) of RTI Act 2005. Therefore, the school was not obligated to provide any information to the applicant.”
The aggrieved father filed a second appeal before Central Information Commission (CIC). The case has not been listed for hearing yet. Dr Riyaz is hopeful to get information with the intervention of CIC.
Before the abrogation of Article 370, J&K had its own RTI Act (J&K RTI Act 2009) and dedicated State Information Commission (SIC) where RTI appeals would be disposed of within 60 days. There is no such provision in the central Act (RTI Act 2005).
Teaching ethics and morality
The schools give lessons on ethics and morality to students. Issues like good governance and transparency are taught, but when the school itself is not ready to share information or exhibit transparency in revealing the details of admitted students and criteria followed during admission process what moral authority does the Presentation Convent School management have to give lectures on these issues ? Even if the school is not a public authority, it should still be open and accountable to parents at least
Presentation Convent is a Public Authority
Presentation Convent School Rajbagh campus is located on 90 kanals of Government land (approx 12 acres).The allotment was done more than 70 years back by Govt. There are other private schools in Srinagar like Tyndale Biscoe School, Burnhall School or even DPS Srinagar which were allotted huge tracts of land by the Government in the past.These schools, along with Presentation Convent, are not charitable organisations where people get free education. Presentation Convent, Srinagar, charges Rs 3,500 monthly from each student on average as do the other schools which have been given Government land.
The income of Presentation Convent is huge, but the annual lease rent paid by its management to the Government is just Rs 12,000. If this is the case, how can the school administration claim that it is not answerable under the RTI Act while taxpayers’ money is being utilised by them? Pertinently the details about the Rs 12,000 annual rent was revealed through an RTI in 2013 when a Srinagar-based social activist, Umaan Umar, sought details from the district administration of Srinagar through the Assistant Commissioner, Revenue (Nazool Wing).
The estimated market value of the land under lease with Presentation Convent School in Rajbagh area of Srinagar is more than Rs 400 crore. How can the school management deposit just Rs 12,000 as annual rent to the Government? This makes it clear that the school is a public authority. It is unclear whether the rent has been enhanced or not as the lease agreement of school was to expire in 2017
Supreme Court Judgment
The Supreme Court on September 17, 2019, in the case of DAV College Trust &Management Society V/S Director of Public Instructions had held that non-governmental organisations substantially financed, whether directly or indirectly, fall within the ambit of “public authority” as defined under Section 2 (h) of RTI Act 2005.
Section 2 (h) says: “Public Authority” means any authority or body or institution of self government established or constituted-
* by or under the Constitution
* by any other law made by Parliament
* by any other law made by State Legislature
* by notification issued or order made by the appropriate Government, and includes a body owned, controlled or substantially financed or a non-government organisation substantially financed.”
A Supreme Court bench of Justices Deepak Gupta and Aniruddha Bose said:
“If NGOs or other bodies get substantial finance from the government, we find no reason why any citizen cannot ask for information on whether his or her money, which has been given to an NGO or any other body, is being used for the requisite purpose or not.”
The judgment came in a case involving the DAV College Trust, which had argued that it does not come under “Public Authority” and hence, does not attract RTI.
The SC order further read: “In our view, ‘substantial’ means a large portion. It does not necessarily have to mean a major portion or more than 50%. No hard and fast rule can be laid down in this regard. Substantial financing can be both direct or indirect. To give an example, if a land in a city is given free of cost or on heavy discount to hospitals, educational institutions or such other body, this in itself could also be substantial financing. The very establishment of such an institution, if it is dependent on the largesse of the State in getting the land at a cheap price, would mean that it is substantially financed. Merely because financial contribution of the State comes down during the actual funding, will not by itself mean that the indirect finance given is not to be taken into consideration. The value of the land will have to be evaluated not only on the date of allotment but even on the date when the question arises as to whether the said body or NGO is substantially financed.”
Conclusion
Presentation Convent School, Srinagar, along with other missionary schools in Kashmir,have a rich history. I don’t want to undermine their role in the field of education, especially providing quality education to thousands of Kashmiris for more than 80 years.With the passage of time, greed for money has overpowered the management of these schools, like other private schools, colleges and universities. The missionary zeal is often missing. School managements of private education institutions need to be guided by the spirit of transparency which will force them to operate ethically. I have been told the school management is planning to change its admission policy by adopting drawing of lots. This is a welcome move. I also hope that admissions for the children belonging to economically weaker sections of society will also be prioritized as mandated under Right to Education Act (RTE).
(The author is Founder and Chairman of Jammu & Kashmir RTI Movement)

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