Central Information Commission
Chandresh vs National Medical Commission (Nmc) on 1 October, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/NMCOM/A/2023/647789
Shri CHANDRESH ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
National Medical Commission (NMC)
Date of Hearing : 27.09.2024
Date of Decision : 27.09.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 02.06.2023
PIO replied on : 27.06.2023
First Appeal filed on : 17.07.2023
First Appellate Order on : 16.08.2023
2 Appeal/complaint received on
nd : 08.10.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 02.06.2023 seeking information on following points:-
1. "Please REPLY providing information/document in relation legislative intent behind incorporating CRMI and/or specific tenure related to it.
2. Please REPLY providing information/document in form and manner of administrative instruction/guidelines/advisory etc reflecting intend behind incorporating CRMI and/or specific tenure related to it.
3. Please REPLY providing information/document available in any form and manner regarding "appropriate body" in the Central level who has ultimate power to decide the issue of CRMI and/or stipend and/or accommodation to be provided during period of internship.
4. Please REPLY providing information/document available in any form and manner regarding "appropriate authority" in the Central level who has ultimate power to decide the issue of CRMI and/or stipend and/or accommodation to be provided during period of internship.
5. Please REPLY providing information/document available in any form and manner regarding "appropriate body" at the State level who has ultimate power to decide the issue of CRMI and/or stipend and/or accommodation to be provided during period of internship.
6. Please REPLY providing information/document available in any form and manner regarding "appropriate authority" at the state level that has ultimate power to decide the issue of CRMI and/or stipend and/or accommodation to be provided during period of internship.
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7. Please REPLY providing information/document available in any form and manner regarding minimum and maximum CRMI to be undertaken by Indian Medical Graduates & Foreign Medical Graduates.
8. And other related information."
The CPIO, National Medical Commission (NMC) vide letter dated 27.06.2023 replied as under:
"it is informed that all the medical graduates undergoing compulsory rotating internship training are governed under the provisions contained in National Medical Commission Compulsory Rotating Medical Internship Regulations, 2021. The Regulations are available at National Medical Commission website viz www.nmc.org.in. However, it is informed that National Medical Commission has issued FAQs, dated 5th May, 2022 on Compulsory Rotating Medical Internship Regulations, 2021 and a Circular dated 09th May, 2023 for clarification regarding conduct of internship for FMGs have already been uploaded on National Medical Commission website at the following link :
https://www.nmc.org.in/information-desk/all-news/"
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 17.07.2023. The FAA vide order dated 16.08.2023 stated as under:-
"2.I have gone through the documents/file pertaining to disposal of your RTI application dated 02.06.2023. On perusal of the record, it has been observed that the RTI application was replied by CPIO, UGMEB, through online mode on 27.06.2023. A copy of the same is enclosed herewith for your ready reference.
3. It is further informed that you have pointed out many issues which are required to spend much time to examine. Also it is informed that the intent behind any decision does not come under purview of RTI Act, 2005. Your many points are vague and not clear so that specific information is not available in UGMEB."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Absent Respondent: Pradeep Kumar) Section Officer/CPIO (UGMEB) The CPIO reiterated the contents of the written submission dated 20th sept 2024 which is reproduced herein:
In this regard, it is stated that NMC, as the regulatory body, formulates its Regulations, Guidelines, Public Notices and Circulars with the larger public interest in mind. The Board reviews stakeholder inputs to ensure that regulations are fair and beneficial. It is to convey that the point raised is query/clarification based which does not come under the purview of RTI Act 2O05. As per RTI Act, CPIO is required to provide information as available with him in the form of O.M., notifications, rules, regulations, orders, letters and circulars etc. Queries/clarifications or interpretation of information is outside Page 2 the purview of the Right to Information Act, 2O05. The CPIO is not supposed to create information or to interpret information.
On examining the above RTI, it is observed that reply was sought in the intent of formulation of CRMI, which does not come under the RTI Act, 20O5. In regard to appropriate authority, President,UGMEB is the competent authority. In regard to minimum ald maximum CRMI to be undertaken by Indian medical graduates ald foreign medical graduates, the information had already been furnished throught the CRMI regulation, CRMI FAQ dated O5.O5.2O22, Circular dated
09.O5.2O23 to the applicant. As regards stipend, as per Compulsory Rotatory Medical Internship Regulation, 2021, all interns shall be paid stipend as fixed by the appropriate authoriQr applicable to the institution/ University or State.
The total stipend paid for the entire internship may be for frfty-two weeks (Twelve months) only. In this regard, National Medical Commission is only a regulatory Authority. Decision and implementation in regard to stipend is decided by concerned DME's of State.
Decision:
Upon the perusal of the records of case the CPIO is directed to send a copy of the written submission dated 20th sept 2024 to the Appellant through speed post/registered post within 10 days from the date of receipt of this order. The CPIO shall also send a compliance report of this order within 01 week thereafter.
Keeping in the view of the case and the submissions made by the CPIO , the commission is of the view that an appropriate response as per the RTI Act, 2005 has been provided by the CPIO no further intervention of the commission is required in the instant matter. Hence, with the above observation, the second appeal stands disposed off.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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