Central Information Commission
Mr. Kuldeep Singh Khaira vs Indira Gandhi National Open University ... on 29 October, 2009
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/002216/5274
Appeal No. CIC/SG/A/2009/002216
Relevant Facts emerging from the Appeal
Appellant : Mr. Kuldeep Singh Khaira,
C/o Vigilant Citizens Forum,
Gill Road, Chapter 3444,
Chet Singh Nagar,
Ludhiana- 141003.
Respondent : Mr. Suresh Kumar
Public Information Officer & Dy. Registrar Indira Gandhi National Open University (IGNOU).
Student Evaluation Division, (Establishment Section) Maidan Garhi, New Delhi- 110068.
RTI application filed on : 25/03/2009
PIO replied : 23/04/2009
First appeal filed on : 25/05/2009
First Appellate Authority order : Not mentioned.
Second Appeal received on : 02/09/2009
S. No Information Sought (Certified copy of Reply of the PIO
the following documents)
1. Rule, order, circular, instruction or any Post Graduate Diploma in Acupuncture is other documents that prescribes IGNOU one year programme comprising of authorities to conduct the PG Diploma in practical lessons and offered to medical Acupuncture in violation of the order graduates. number R. 14015/25/96-U&H (R) (Pt.) dated 25th November, 2003, Of Ministry of Indira Gandhi National Open University Health and Family Welfare, Govt of India. was established by an Act of Parliament in 1985 and has the mandate to launch the various educational programmes.
2. Chronological list of all institutions which a) Anand Pain Relief & Rehabilitation are recognized, affiliated, approved and Institute, Deshwapur, Hubli-580023 associated with IGNOU for PG Diploma b) Acupuncture Clinic, 6 Pushpa Colony, in Acupuncture. Arunachalam Road, Saligramam Chennai-
600093.
c) Acupuncture Clinic, 31/3 Ganesh Colony, Indore- 452007.
d) International College of Acupuncture & Natural Medicine (IANM), New Delhi.
e) Acupuncture Clinic, 13, Jhalawar Road, Chorah, Kota-324007.
f) Ranjit Memorial Institute and Acupuncture- Yoga Naturopathy, College and Research of IRIIM, Howrah-711302, West Bengal.
g) Charitable Acupuncture Hospital, Salem Tabri, Ludhiana
h) Nayak Clinic and Acupuncture Research Centre, E2 Koel Nagar, Rourkela- 769014, Orissa.
i) Holistic Medicine and Research Institute of India, Thiruvanthapuram.
3. Chronological list of all institutions which Same as above.
are recognized, affiliated, approved and associated with IGNOU for PG Diploma in Acupuncture.
4. Names and designations of all officials, Decision taken by the following statutory including supervisory officials entrusted bodies of the University:
with the responsibility of making decisions a) School Board of School of Health with respect to starting PG Diploma in Sciences.
Acupuncture. b) Planning Board.
c) Academic Coordination Committee.
Implementation assessed and evaluated by the committee comprising of:
Vice Chancellor (Chairman), Dr Bimla Kapoor (Member), DR Raman Kapur (member), Dr Sunita Kapur (Member), Dr A.K Agarwal (Member), Dr Biplab Jamatia (Member), Dr S B Arora (Programme Coordinator).
5. Mandatory specifications, duly dated, Mandatory facilities include class rooms, required for the functioning of the library and qualified teaching staff. The institutes which are associated with minimum qualification for programme in IGNOU in any way for PG Diploma in charge must be Graduate in any Medical Acupuncture. Field with 5-10 years of experience in Acupuncture practice and learning.
First Appeal:
Unsatisfactory information provided by the PIO.
Order of the FAA:
No order given by the FAA. .
Ground of the Second Appeal:
Unsatisfactory information provided by the PIO and no action taken by the FAA. Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Kuldeep Singh Khaira on video conference from NIC Ludhiana; Respondent : Mr. Suresh Kumar, Public Information Officer & Dy. Registrar; The Appellant had sought a copy of documents permitting "violation of the order number R. 14015/25/96-U&H (R) (Pt.) dated 25th November, 2003, Of Ministry of Health and Family Welfare, Govt. of India.". The Document referred by the Appellant is interpreted by the Respondent as allowing them to do the activity whereas the Appellant believes that the documents shows that the activity is not permissible. This is a matter of interpretation of a notification and the information commission is not a appropriate forum for this. This is not information as defined under Section 2(f) of the RTI Act.
The PIO has not provided the copy of the document prescribing the Mandatory specifications, duly dated, required for the functioning of the institutes which are associated with IGNOU in any way for PG Diploma in Acupuncture. The PIO is directed to send a certified copy of this to the Appellant.
Decision:
The Appeal is allowed.
The PIO will send the information described above to the Appellant before 05 November 2009.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 29 October 2009 (In any correspondence on this decision, mention the complete decision number.)(RR)