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Tarun Kumar Sharma vs National Medical Commission (Nmc) on 13 May, 2026

                             के ीय सूचना आयोग
                       Central Information Commission
                          बाबा गंगनाथ माग, मुिनरका
                        Baba Gangnath Marg, Munirka
                        नई िद ी, New Delhi - 110067


 File No: CIC/NMCOM/A/2025/615996

 Tarun Kumar Sharma                                            .....अपीलकता/Appellant

                                              VERSUS
                                               बनाम

 CPIO
 National Medical Commission,
 Dada Dev Mandir Rd, Block P,
 Sector 8,Dwarka,New
 Delhi-110077                                             .... ितवादीगण /Respondent

 Date of Hearing                     :   11.05.2026
 Date of Decision                    :   13.05.2026

INFORMATION COMMISSIONER :               Jaya Varma Sinha

Relevant facts emerging from appeal:

 RTI application filed on            :   03.03.2025
 CPIO replied on                     :   28.03.2025
 First appeal filed on               :   01.04.2025
 First Appellate Authority's order   :   04.04.2025
 2nd Appeal dated                    :   05.04.2025


Information sought

:

1. The Appellant filed an RTI application dated 03.03.2025(online) seeking the following information:

"I, Dr. Tarun Kumar Sharma, a resident of House No. 1221, Type IV, GMCH Campus, Sector-32, Chandigarh, Pin code: 160030, hereby request that please provide me the following information under the Right to Information Act, 2005:

1. Whether the teaching experience gained from a Dental college is equivalent to the teaching experience gained from an NMC/MCI-recognized medical college, specifically for the purpose of appointment/applying for the post of Assistant Professor (Biochemistry) in a medical college in 2017.

2. Please provide me a certified copy of the document, notification, circular, or guideline that clearly states that the teaching experience gained from a Dental college is equivalent to the teaching experience gained from an NMC/MCI- recognized medical college, specifically for the purpose of appointment/applying for the post of Assistant Professor (Biochemistry) in a medical college in 2017."

2. The CPIO furnished a reply to the Appellant on 28.03.2025 stating as under:

"Relevant part of TEQ Regulations 1998 is attached."

3. Being dissatisfied, the Appellant filed a First Appeal dated 01.04.2025. The FAA vide its order dated 04.04.2025, held as under:

"I am in receipt of the first appeal dated 01.04.25 preferred by you. The reply given by CPIO in response to your RTI application dated 28.03.2025 has been gone through.

2. I would like to inform you that the CPIO has furnished available information to you.

3. With the above observations your RTI appeal is disposed off."

4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present:-

Appellant: Present through VC.

Respondent: Sh. M.K. Mittal, CPIO-cum-Under Secretary attended the hearing through VC.

5. The Appellant stated that information sought with respect to equivalence of teaching experience gained for the purpose of appointment of Assistant Professor (Biochemistry) in the RTI application was not provided by the CPIO.

6. The Respondent submitted that there are no separate rules or guidelines with respect to the information sought and available information with respect to dentistry along with amended portion was given to the appellant.

7. A written submission has been received from Sh. Manish Kumar Mittal, CPIO, NMC vide letter dated 04.05.2026, a copy of which has been supplied to the appellant and the same has been taken on record. The relevant extract of the same is as under:

"

S. No. Reply 1 and 2 In this connection, it is informed that the CPIO is required to supply the material in the form as held by the public authority. The Act, however, does not require the CPIO to deduce some conclusion from the material and supply the conclusion so deduced to the applicant. As such, relevant part of TEQ Regulations 1998 was supplied to the applicant vide reply of RTI dated 03.03.2025 and the same is again attached.

"

Decision:

8. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that a suitable reply based on available records has been given by the CPIO within stipulated time frame as per the provisions of the RTI Act to the Appellant vide letter dated 28.03.2025. The Commission would like to counsel the Appellant that under the provisions of the RTI Act only such CIC/NMCOM/A/2025/615996 Page 3 of 4 information as is available and in the form held by the public authority or is under control of the public authority can be provided. The CPIO is not supposed to create or interpret information that is not a part of the record.

9. In view of above observation, the Commission accepts the reply furnished by the CPIO.

The appeal is disposed of accordingly.

Jaya Varma Sinha (जया वमा िस ा) Information Commissioner (सू चना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) (Ashutosh Vasistha) Dy. Registrar 011- 26107042 Copy To:

The FAA, National Medical Commission, Dada Dev Mandir Rd, Block B Sector 8 Dwarka, New Delhi-110077 CIC/NMCOM/A/2025/615996 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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