Private Schools Are Not 'Public Authority' Under RTI Act, But Must Display Fee Structure As Per State Rules: Madras High Court

Relying on the provisions of the Private Schools Act and the Tamil Nadu Private Schools (Regulation) Rules, Justice M Dhandapani held that the Rules mandate displaying details of infrastructure available, staff strength, pupils strength, seats available for each standard, fees fixed and other facilities available if any, and the same should be updated in the notice board.

The court thus observed that though private schools are not a 'public authority' under the Right to Information Act, they cannot wriggle out of their responsibility to display the fee details, which they are mandated to do as per the Act and Rules.

“When a mandate is cast on the private schools to display the fees fixed both on the notice board and on the website, the private schools cannot abdicate its responsibility and try to wriggle out of its commitment to the society that its is not a public authority and, therefore, information as to fees cannot be directed to be displayed by the 2nd respondent. When the private schools are bound by the Rules, necessarily it is the duty of the competent authority to see to it that the mandate cast under the Rules are adhered to in letter and spirit,” the court said.

The court was hearing a petition filed by All India Private Educational Institutions Association challenging an order issued by the Tamil Nadu Information Commission and a consequential direction issued by the Director of Private Schools directing the private schools in Tamil Nadu to display the fee structure in the school campus.

As per the association, an application was filed under the Right to Information Act before the Public Information Officer/Personal Assistant to the Chief Educational Officer seeking particulars regarding the fee structure/rules fixed/permissible for private matriculation and higher secondary schools in accordance with the guidelines issued by the Government.

Since the information was not provided within the statutory period of 30 days, an appeal was filed. Disposing the appeal, the TN Information Commissioner issued the order appointing the Director of Private Schools as the Public Information Officer. The TN Information Commission also directed the Chief Educational Officer to direct all private schools to display the fee structure.

Challenging this order, the association argued that none of the private schools were heard before passing the order, which was illegal, unconstitutional and without jurisdiction. It was argued that the private schools were not public authorities amenable to jurisdiction of the Information Commission and the provisions of the RTI Act would not be applicable to them. It was argued that merely because the educational institution was affiliated with a statutory board, it does not ipso facto render the private institution to be a public authority under the RTI Act.

The State, on the other hand, argued that the writ petition was not maintainable since the association had not disclosed the particulars of its members, who were alleged to have been affected by the order. It was further submitted that the circular did not create any new obligation on the private schools and they were already obligated to publish the fee structure on their website. It was submitted that when the fee particulars were already available on the official website, a direction to display the same would not be a prejudicial one.

The court noted that a public authority was one established by a law made by the Parliament or State Legislature or established or constituted by notification issued or order made by the appropriate Government and the authority should be directly or indirectly funded by the government.

The court noted that the private schools were not under the control of the government and thus would not fall within the ambit of Section 2(h) of the RTI Act to be held as a 'public authority' and thus was not amenable to the provisions of the Act.

Thus, the court noted that the order passed by the Information Commissioner was beyond jurisdiction. However, the court also noted that the schools were mandated under the law to display the fee. Thus, using its extraordinary powers under Article 226 of the Constitution, the court directed the schools to display the fee structure in the campus.

Counsel for Petitioner: Mr. E. Vijay Anand

Counsel for Respondent: Mr. T. Gowthaman, AAG Assisted by Mr. V. Prabhakaran, Mr. C. Vigneswaran

Case Title: All India Private Educational Institutions Association v The State of Tamil Nadu

Citation: 2026 LiveLaw (Mad) 305

Case No: WP No 21240/2026