Private universities fall under RTI ambit: Gujarat Information Commission

Ahmedabad: The Gujarat Information Commission (GIC) has clarified that private universities established under the Gujarat Private Universities Act, 2009, fall within the scope of the Right to Information (RTI) Act, 2005.

Responding to an RTI appeal filed by Prof. Devdutt Rana against Vadodara-based Parul University, the commission stated that such institutions qualify as “public authorities” as defined under Section 2(h) of the Act.

In an order issued by State Chief Information Commissioner Subhash Soni, the GIC explained that Section 2(h) of the RTI Act includes six categories under which an entity may be deemed a public authority. This includes any body constituted by the Constitution, by law, or one that is substantially funded by the government. The GIC ruled that private universities can fall under these categories.

It also instructed the state education department’s additional secretary to circulate orders to all private universities to implement RTI provisions, including the appointment of public information officers and proactive disclosures.

Rana said he had sought information from Parul University in Vadodara regarding faculty appointments and funds received under government scholarship schemes for SC-ST students. The university declined, claiming it was not a public authority. However, the GIC order clarified that if a private university is created by a legislative act and receives substantial government funding, it qualifies as a public authority.

The commission also cited a Gujarat High Court ruling in SCA 19282/2021 that supports this interpretation. DeshGujarat