Central Information Commission
Dr. Buddh Priya Rahul vs Maulana Azad Medical College, Delhi ... on 25 March, 2009
CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor,
Block IV, Old JNU Campus,
New Delhi -110 067.
Tel: + 91 11 26161796
Decision No. CIC /SG/C/2008/00109/2420
Complaint No. CIC/SG/C/2008/00109
Relevant Facts emerging from the Complaint
Complaint : Dr. Buddh Priya Rahul,
F-2, B-108, IInd Floor, SRS Apartment,
Dilshad Colony, Delhi-110095.
Respondent : Mr. L.D. Singh Uppal,
Asst. Secretary cum PIO, Delhi Medical Council, Maulana Azad Medical College, 368, 3rd Floor, Patholigy Block, Bahadur Shah Zafar Marg, New Delhi- 10002.
RTI application filed on : 27/08/2008 PIO replied : 24/09/2008 First appeal filed on : 06/10/2008 First Appellate Authority order : 13/10/2008 Second Appeal filed on : 27/11/2008
The Complainant had asked in RTI application regarding D.M.C. Registration, Annual Budget.
S. No. Information Sought. The PIO replied.
1. Kindly provide the attested copy of The question 1 to 5 pertains to rules/regulations/acts/law under which Delhi information which is subject matter Medical Council had cancelled registration of of W.P.(C) 3720/2007 titled Dr. DR. BUDDH PRIYA RAHUL only of the bases Buddh Priya Rahul Vs. University of the copy of the above mentioned letter of Delhi & Ors. Pending without taking note that this letter was just a adjudication in the Hon'ble High request letter to the Delhi University and the Court of Delhi, hence, cannot be said 'Request of the exclusion of the name of commented upon in terms of 8 (1) DR. BUDDH PRIYA RAHUL from the list of (b) of RTI Act. it is, however, M.B.B.S. degree holder or say from the list of informed that the registration of internship completion certificate' was not medical practitioners who are accepted by Delhi University and M.B.B.S. engaged in the practice of modern degree was awarded to the DR. BUDDH PRIYA scientific system of medicine and RAHUL by Delhi University. all its branches in the NCT of Delhi and for matters connected therewith, are governed by provisions of Delhi Medical Council Act, 1997 and Delhi Medical Council Rules, 2003. a copy of the DMC Act, 1997 & DMC Rules, 2003 can be made available on receipt of fee (Rs. 2 X 36 Pages= Rs. 72/- in form of cash/Demand Draft/Postal order in the name of Delhi Medical Council).
2. Why did prior to the cancellation of registration As above Point 1.
of DR. BUDDH PRIYA RAHUL, DELHI MEDICAL COUNCIL not made any inquiry from Delhi University to confirm whether the 'Request of the exclusion of the name of DR. BUDDH PRIYA RAHUL from the list of M.B.B.S. degree holder or say from the list of internship completion certificate' was accepted by Delhi University or NOT? So, kindly provide the attested copy of rules/regulation/act/law under which DELHI MEDICAL COUNCIL not made any inquiry from Delhi University to confirm whether the 'Request of the exclusion of the name of DR. BUDDH PRIYA RAHUL from the list of M.B.B.S. degree holder or say from the list of internship completion certificate' was accepted by Delhi University or NOT?
3. Why was the registration of DR. BUDDH As above Point 1.
PRIYA RAHUL cancelled by DELHI MEDICAL COUNCIL prior to the reply of Delhi University to M.A.M.C. on 'Request of the exclusion of the name of DR. BUDDH PRIYA RAHUL from the list of M.B.B.S. degree holder or say from the list of internship completion certificate of internship completion certificate' and also why did DELHI MEDICAL COOUNCIL not wait till the confirmation of 'exclusion of the name of DR. BUDDH PRIYA RAHUL from the list of M.B.B.S. degree holder or say from the list of internship completion certificate' by the Delhi University. So kindly provide the attested copy of rules/regulation/act/law for taking such illegal action.
4. Kindly provide the attested copy of As above Point 1.
rules/regulation/act/law under which registration of DR. BUDDH PRIYA RAHUL was cancelled by DELHI MEDICAL COUNCIL with out due process of inquiry.
5. Kindly provide the attested copy of As above Point 1.
rules/regulation/act/law under which registration of DR. BUDDH PRIYA RAHUL was cancelled by DELHI MEDICAL COUNCIL without due process of inquiry.
6. Kindly provide the attested copy of the details of An attested copy of Auditors the annual budget of DELHI MEDICAL Report, Receipt & Payments COUNCIL for the year of 2007 and 2008 with Account, Income & Expenditure all the details of expenditure and attested copies Account, Balance Sheet, Details of of all bills and all the Boucher's. Capital Expensed, Details of Revenue Expensed, Details of all Assets, Details of all G.D.R.'s for the year 2006-2007 of Delhi Medical Council, are enclosed herewith as Annexure 'A'. it is further informed that the accounts for the financial year 2007-08 are under Audit.
The First Appellate Authority ordered: -
"I perused the appeal, the initial applications for information under RTI Act and reply of PIO thereto with reference to ID No. 82.
It is further informed that the registration of Medical practitioners who are engaged in the practice of modern scientific system of medicine and all its branches in the NCT of Delhi and for matters connected therewith, are governed by provisions of Delhi Medical Council Act, 1997 and Delhi Medical Council Rules, 2003. a copy of the DMC Act, 1997 & DMC Rules, 2003 can be made available on receipt of fees (Rs. 2/- X 26 Pages = Rs. 72/- in form of cash/Demand Draft/Postal order in the name of Delhi Medical Council.
The PIO has adequately replied to the application under I.D. No. 82."
Relevant Facts emerging during Hearing:
The following were present Complaint: Absent Respondent: Mr. L.D. Singh Uppal PIO The PIO contends that he has made a mistake in denying information by claiming exemption. He points out that what has been sought in queries in 1 to 5 is not information as defined by Section 2 (f) of the RTI act. His contention appears to correct that the queries are not seeking information as defined under Section 2 (f).
Decision:
The Complaint is dismissed.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties.
Shailesh Gandhi Information Commissioner 25 March 2009 (In any correspondence on this decision, mentioned the complete decision number.)