The issue was taken up by the state information commission with the education department after it received a number of complaints that private schools were refusing to provide information and that even the education department was not entertaining applications on the plea that they were not under its control.

State information commissioner S.S. Parmar rejected the contention that the education department could not seek information from the private institutions as they were not under the government control and maintained that enforcing the state private educational institutions (Regulation) act,1997, was its responsibility. All the private institutions located within the state were covered under it and there were enough regulatory provisions which made it mandatory for them to furnish all information pertaining to infrastructure, accounts, and appointment of staff, enrolment and other aspects.

The joint director, higher education, who is also the Public Information Officer(PIO) has as a follow-up measure sent copies of the act to all the deputy directors who were the PIOs for districts with directions for its implementation in letter and spirit. He had made it clear to the field officers that private educational institutions were bound to provide information to the PIO and that refusal to do so could attract action under the act.

Further, whenever any application under the right to information act was received by the department it would be the responsibility of the PIO concerned to access the required information from the private educational institution so that it could be supplied to the applicant within the stipulated timeframe.

It is worth mentioning that private educational institutions have been all these years mostly refusing to furnish information as a result of which the department had not been able to compile authentic and complete data regarding enrolment, drop-outs, gender-wise performance of students, infrastructure, fee-structure and student-teacher ratio on the basis of which various education-related indicators are worked out for the state. However, the government made no effort to enforce the act until the matter reached the state information commission.