Central Information Commission
Dr.Ravi Jindal vs National Board Of Examinations on 10 November, 2009
Central Information Commission
CIC/AD/C/2009/000968
Dated November 10, 2009
Name of the Applicant : Dr.Ravi Jindal
Name of the Public Authority : National Board of Examinations
Background
1. The Applicant filed an RTI application dt.13.2.09 with the CPIO, NBE. He stated that NBE directives for duty hours for DNB trainees provide a maximum daily duty of 8 hours per day with one day weekly off (i.e. 48 hours a week) as well as gazetted holidays and 20 casual leaves in a year. However, in Sir Ganga Ram Hospital on an average a DNB trainee works 100 hours a week in the three year period with no post duty off and neither a compensatory day off for any duty done on a Sunday (being 7th day in a week) or on a gazetted holiday. Further, most of the trainees are not allowed to avail most of the gazetted holidays. The Applicant stated that as per the NBE rules, working hours of a DNB trainee during 3 year course work out to 6600 hours. However in Sir Ganga Ram Hospital average working hours during 3 year period is 15600 hours i.e two and half times more than the maximum prescribed working hours on part of NBE. In view of the above, he requested for information against 6 points. The PIO replied on 9.3.09 furnishing point wise information. Not satisfied with the reply, the Applicant filed a complaint dt.30.6.09 before CIC stating that the PIO in his reply dt.9.3.09 had supplied him copy of leave guidelines which he had never asked for. He also added that a personal visit was made to the office of NBE on 1.5.09 which also failed to elicit a response despite a verbal reminder that the time period of thirty days for supply of information had long expired.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for November 10, 2009.
3. Dr.Rakesh Gosain, Standing Counsel, NBE represented the public authority.
4. The Applicant was present during the hearing.
Decision
5. The Appellant submitted that the Respondent has provided contradictory information to him. He stated that while the guidelines provided to him clearly stipulate that they should be strictly complied with, in another reply the CPIO had informed him that the guidelines are recommendatory in nature. He questioned how guidelines which have to be strictly complied with can also be considered recommendatory at the same time. The Respondent explained that guidelines are indeed recommendatory in nature and also that any action that is only being recommended cannot be expected to be strictly complied with and therefore the information provided in the two replies are not contradictory to each other. The Appellant concurred with this explanation. He stated that he, as a DNB trainee, has to work for 36 hours at a stretch without any break once every two days at Sir Ganga Ram Hospital and that he is stressed out because of this and is at times unable to perform efficiently during surgeries. The Respondent, however, stated that as trainees all such Doctors are expected to put in long hours of work voluntarily as the work gives them the experience they require .
6. After taking note of the fact that available information against 6 points has been provided by the PIO and that precise information against any point cannot be provided as the same would tantamount to interpretation of rules by the PIO, and is not available on record, the Commission u/s 18(2) of the RTI Act directs the CPIO to constitute a Committee with two members from NBE and two Deans/Professors of reputed medical Institutions to look into the matter of overwork by DNB trainees and to prepare a report that can be put up before concerned authorities for their consideration and for amendment of guidelines, if required, to incorporate the issues mentioned by the Appellant. The report may be completed in 2 months time and shared with the Appellant and with the Commission.
7. The appeal is disposed of with above directions.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Asst. Registrar Cc:
1. Dr.Ravi Jindal #112, Bharpur Garden Opp. Govt. Ayurvedic College Patiala Punjab 147 001
2. The CPIO National Board of Examinations NAMS Building Ansari Nagar Ring Road New Delhi 110 029
3. Officer incharge, NIC
5. Press E Group, CIC