The Supreme Court of India has ruled that aided colleges receiving government funding are subject to the Right to Information (RTI) Act, affirming that financial support renders them public institutions. This mandates these colleges to appoint Public Information Officers and respond to RTI requests, promoting transparency and accountability in their operations.
New Delhi: In a landmark judgment, the Supreme Court of India has declared that institutions, including aided colleges receiving government funding, fall under the purview of the Right to Information (RTI) Act. The Court clarified that aided colleges qualify as public institutions due to their reliance on government funds, compelling them to comply with RTI requirements.
A bench comprising Justices JB Pardiwala and R Mahadevan delivered the ruling while dismissing a petition filed by Chembazaranti SN College, which had challenged a Kerala High Court order. The High Court had earlier affirmed that aided colleges are covered under the RTI Act.
SN College argued that although the government provides salaries, the infrastructure and materials of the college belong to the management. However, the Supreme Court rejected this contention, stating that the financial support from the government plays a crucial role in the functioning of such institutions, making them accountable as public entities.
Standing Counsel Harshad V Hameed, representing the Kerala government, argued that the funds provided by the government form the backbone of aided colleges’ operations. This includes salaries, essential services, and other operational expenses. The Court accepted this reasoning, further strengthening the inclusion of aided colleges under the RTI Act.
With this judgment, all aided colleges in Kerala, including Chembazaranti SN College, will now need to:
- Appoint Public Information Officers (PIOs): Aided colleges must designate officials responsible for responding to RTI queries.
- Respond to RTI Requests: Institutions must provide information on requests received under the Right to Information Act, ensuring transparency in their functioning.
The Supreme Court also questioned the reluctance of aided colleges to comply with RTI requests, emphasizing the importance of transparency in institutions that benefit from public funds. The judgment aims to enhance accountability and ensure public access to information about aided colleges’ operations and expenditures.
Advocate Santosh Krishna appeared on behalf of SN College, while Kerala’s Standing Counsel Harshad V Hameed effectively argued for the state government’s position.
This judgment sets a precedent for transparency in institutions receiving government aid. By bringing aided colleges under the RTI Act, the Supreme Court has reinforced the principle that public funding entails public accountability, aligning with the core values of the RTI framework.
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