Central Information Commission
Dr. Jalam Singh Rathore vs Ministry Of Health And Family Welfare on 19 June, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2012/001299/19304
Appeal No. CIC/SG/A/2012/001299
Relevant Facts emerging from the Appeal
Appellant : Dr. Jalam Singh Rathore
Plot No 337, Gum JambheshwarNagar--A,
Queen's Road,
Vaishali Nagar, Jaipur 302021 Rajasthan
Phone No 09414250987
Respondent : Dr. Ashis Datta,
PIO & Assistant Secretary (Tech.) CENTRAL COUNCIL OF HOMOEOPATHY, 61-65, Institutional Area, Opp. 'D' Block, Janak Puri, New Delhi, PIN - 1100 58 RTI application filed on : 30/11/2011 PIO replied : 09/01/2012 First appeal filed on : 02/12/2012 First Appellate Authority order : 23/03/2012 Second Appeal received on : 25/04/2012 Information Sought:
RTI Application-I:
1. Whether MD (Homeopathy) has grade system or percentage system in result?
2. Why does mark sheet are not being issued for the exam of MD (Homeopathy) Regular?
3. How one can get his/her mark sheet of MD (Homeopathy) Regular exam?
Reply of the Public Information Officer (PIO):
With reference to your letter dated 30-09-2011 (received on 1-10-2011) on the subject cited above. It is informed that Homoeopathy (PG Degree Course) Regulation 1989 (As amended up to 2001) provided that the three examiner shall jointly assess the knowledge of the candidate for recommending the result to the university as passed or failed. It may further be informed that the information about the question being posed with words like "why", "how" cannot be provided in view of the letter No.Z.16011/27/2006-R&P (Ay.)/RTI dated 18-06-2009 of Govt in W.P.No419 of 2007 RTI Application 2
1. As you had given information in above mentioned letter that the three examiners shall jointly assess the knowledge of the candidate for recommending the result to the university as passed or failed "Please provide information what are the standards which have to be followed in such assessment.
2. Whether UGC or any other statutory body recommends or approves such recommendation based assess instead of number or grade system. If yes provide copy of the same
3. Please provide copy of letters or documents which justify significance of giving question paper having certain number in MD (Hom) regular examination and assessment will he done only on recommendation by examiners?
4. What is the process of revaluation in such examination pattern if there is any grievance?Page 1 of 2
5. Why does mark sheet are not being issued for the exam of MD (Homeopathy) Regular where MD External can?
6. What is the process one can get information regarding his/her assessment of Reply of the Public Information Officer (PIO):
With reference to the letter dated 30-11-2011 (received on 5-12-2011) on the subject cited above, I am to say that information available in this council in the matter has been provided to you vide this council letter dated 20-10-2011. Information relating to question raised by you is not available with this council. Moreso your kind attention is invited to this council letter cited above reflecting about the letter No.Z.16011/27/2006-R&P (Ay.)/RTI dated 111118.6.2009 of Govt. of India Ministry of Health and Family welfare in view of order of Hon'ble. High Court of Goa W.P. No. 419 of 2007 Grounds for the First Appeal:
Incomplete and unsatisfactory information provided by the PIO.
Order of the First Appellate Authority (FAA):
A copy of the required order was enclosed in the reply of the FAA and the appeal was disposed off accordingly.
Grounds for the Second Appeal:
Incomplete and unsatisfactory information provided by the PIO.
Relevant Facts emerging during Hearing:
The following were present Appellant: Absent;
Respondent: Dr. Ashis Datta, PIO & Assistant Secretary (Tech.);
The PIO has provided information available as per record. It appears that the appellant is seeking answers to certain practices in the public authority for which there is no specific record. The appellant wants answers as to why marking systems and grading systems are not in existence. Since there is no record of this the PIO is unable to provide this. The PIO is only expected to provide the information that is existing and not provided explanation which do not exist.
Decision:
The Appeal is disposed.
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 19 June 2012 (In any correspondence on this decision, mention the complete decision number.) (AP) Page 2 of 2