PANAJI
In a far reaching order that could affect recognised unaided schools in the State, the Goa State Information Commission has held that the school run by Sharada Mandir Trust, Panaji is a public authority that falls under the purview of the Right to Information Act, and ordered it to submit audited statement of accounts.
The Trust had argued that the audited statement of accounts constitutes ‘personal information’, and the disclosure of such information has no relationship to any public interest. It also pointed out thatthe information contained in the same would obviously include commercial confidence, trade secrets and intellectual property.
The Directorate of Education had countered these arguments citing provisions of the Indian Evidence Act which stated that the audited returns are public documents.
While considering the contentions of both parties, the points which the Commission framed for determination were whether the school is a public authority under the Act and whether the information sought is private information not involving larger public interest.
In its judgement, the Commission held that Sharada Mandir school is a recognised school under section 2 (t) of Goa Education Act, which cast certain obligations, including the filing of audited statements of accounts with the Directorate.
The Commision stated that section 19 (1) of the Act gives the Directorate powers to monitor levying of fees and other charges and payments beyond that prescribed by the Government, thus making it mandatory for all recognised schools to file audited statement of the fees and charges to be levied.
While pointing out that the Directorate is empowered to take over the management of defaulting recognized schools, the Commission stated that the school did not enjoy absolute autonomy in its functioning.
Considering the scope of the Education Act, the Commission concluded that the school is a public authority.
On the issue of whether the information sought was private in nature, the Commission held that the school is liable to furnish annual audited statement of accounts as the same are public documents.
The Commission cited a judgement of the Supreme Court which stated income tax returns pertained to private activities were not for the public, and held that any act of omission or commission of the part of the school in levy of fees and charges would affect the rights of the students pursuing their studies.
“The audited statement of accounts were required to be filed for the purpose of verification that the fees are not charged beyond the permissible limits, which may jeopardise public rights. The students or the parents have a right to know the fee structure as it is reflected in the audited statement of accounts vis-Ã -vis the approved one,” reads the judgement.
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A person, who is not named in the order, seeks audited statement of accounts of Sharada Mandir Trust for the years 2006-07, 2007-08 and 2008-09 from the Directorate of Education under the RTI Act.
April 21, 2009: Accounts officer of the Directorate writes to the school seeking audited statements of accounts.
May 12: The school replies that the information that is being sought is private in nature and therefore cannot be furnished, unless larger public interest is involved.
June 5: Accounts officer writes back to inform the school that the contentions raised by the school are not acceptable.
July 13: PIO directs school to furnish information.
December 23: Appellate authority dismisses appeal filed by school and orders it to furnish information.
Sharada Mandir Trust files appeal before Goa State Information Commission.
