Private Unaided Schools Outside RTI Purview, But Must Disclose Fee Structure, Rules Madras High Court

Chennai, July 10, 2026: The Madras High Court has ruled that private unaided schools are not "public authorities" under the Right to Information (RTI) Act and therefore cannot be compelled to furnish information under the Act. At the same time, the court held that such institutions are legally bound to publicly display their approved fee structure and other key details as mandated by Tamil Nadu's education regulations.

Justice M. Dhandapani delivered the judgment while interpreting the provisions of the Tamil Nadu Private Schools (Regulation) Act and the Tamil Nadu Private Schools (Regulation) Rules. The court observed that although private unaided schools fall outside the scope of the RTI Act, they remain subject to statutory transparency obligations under State law.

The court noted that the Rules require schools to prominently display information such as the approved fee structure, available infrastructure, staff strength and student enrolment at the entrance of the institution. These disclosures are intended to ensure that parents and the public have access to essential information without the need to seek it through RTI applications.

The judgment draws a clear distinction between the RTI Act and the disclosure requirements prescribed under State education laws. While private unaided schools cannot be treated as public authorities for the purposes of the RTI Act, they must continue to comply with the transparency measures laid down in the Tamil Nadu Private Schools (Regulation) Rules.

The ruling reinforces the obligation of private schools to maintain openness in matters concerning fees and institutional information, ensuring greater accountability to parents and other stakeholders while reaffirming that such schools are not covered by the RTI Act.

Source: LiveLaw