Central Information Commission
Mr.Fuzail Ahmed vs Ministry Of Health And Family Welfare on 29 July, 2010
Central Information Commission
CIC/AD/A/2010/000816
Dated July 29, 2010
Name of the Applicant : Shri Fuzail Ahmad
Name of the Public Authority : Safdarjung Hospital
Background
1. The Applicant filed an RTI application dt.23.1.10 with the PIO, Safdarjung Hospital requesting for the following information:
i) the copy of certificate of 10+2 certificate and qualification in physiotherapy of physiotherapists who had joined the hospital on post of physiotherapists in financial year (April 2007 to March 2008) along with their date of birth.
ii) copy of correspondence which had taken place between Safdarjung hospital and Delhi Council of Physiotherapy and occupational therapy regarding registration of physiotherapist and occupational therapist at Safdarjung Hospital
iii) details of selection at Safdarjung Hospital with respect to advertisement No.46/2009Admin.II(A), as per the format given by him.
Dr.R.K.Anand, CPIO replied on 10.2.10.. Against point (i) he provided the details of physiotherapists who had joined this hospital on the post of physiotherapist in financial year April 20072008 and also informed the Applicant that .no such correspondence as sought by the Appellant had taken place between Safdarjung Hospital and Delhi Council of Physiotherapy and Occupational Therapy. He further stated that selection at Safdarjung Hospital with respect to advertisement No.46/2009 Admn.II(A) has not been made till date and is still in process. Dr.R.K.Anand, CPIO in his reply further added that the office is sending letters to the physiotherapists and if they provide the NOC the copy of the certificates will be provided. Not satisfied with the reply, the Applicant filed an appeal dt.18.2.10 with the Appellate Authority reiterating his request for information against point 1 and seeking clarification against point 2. Dr.Sudhir Chandra, Appellate Authority replied on 9.3.10. Being aggrieved with the reply, the Applicant filed a second appeal dt.30.3.10 before CIC reiterating his request for the information.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing on July 29, 2010.
3. Dr.Manoj Kumar, PIO, Dr.R.K.Anand, PIO, Shri Surendra Prasad, A.O, Shri Debasis Sarkar, LDC and Mrs.Preeti, LDC represented the Public Authority.
4. The Applicant was represented by Shri Mohd. Parvez during the hearing. Decision
5. Shri Mohd. Parvez submitted that the educational certificates sought by him had been denied by the Public Authority when as a citizen he has every right to seek the information regarding whether the physiotherapist is a licensed therapist and not a quack, and whether the physiotherapist possesses a registration certificate from Delhi council of Physiotherapy which is a mandatory condition to be a physiotherapist in Delhi/NCR, whether it is govt. sector or private sector. He added that the details of an individual on the basis of which he has been given employment by a Public Authority cannot be held as third party information and hence the nonsupply of certificates of the physiotherapists cannot be accepted.
6. The Commission on careful consideration of the facts holds that the certificates sought by the Appellant cannot be held as third party information for reasons already spelt out by the Appellant and directs the PIO to provide the copies of the certificates sought by the Appellant by 29.8.10. The Appellant to submit a compliance report to the Commission by 5.10.10.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Deputy Registrar Cc:
1. Shri fuzail Ahmad Flat No.35/102 Zakir Nagar West Okhla New Delhi 110 025
2. The PIO O/o Medical Superintendent Safdarjung Hospital New Delhi
3. The Appellate Authority O/o Medical Superintendent Safdarjung Hospital New Delhi
4. Officer incharge, NIC