Central Information Commission
Saraswati Shrestha vs Indian Nursing Council on 24 May, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/INURC/A/2023/121946
Smt. Saraswati Shrestha ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Indian Nursing Council ...प्रनतवािीगण /Respondent
Date of Hearing : 20.05.2024
Date of Decision : 21.05.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 24.11.2022
PIO replied on : 08.12.2022
First Appeal filed on : 08.02.2023
First Appellate Order on : 13.03.2023
2 Appeal/complaint received on
nd : 22.05.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 24.11.2022 seeking information on the following points:-
"1. Please provide order/letter/circular, etc by which the Indian Nursing Council, New Delhi has unilaterally revoked the recognition of the Proficiency Certificate Level in Nursing recognised by the Nepal Nursing Council, Kathmandu affecting Indian citizen.
2. Please provide detail publication such order/letter/circular, etc in official Gazette.
3. Please disclose cut off date of revoked the recognition of the Proficiency Certificate Level in Nursing recognised by the Nepal Nursing Council, Kathmandu.
4. Please provide letter/records/file, etc dealing with consultation with the Ministry of the Ministry of External Affairs, Government of India, New Delhi & the Health Department, Government of India, New Delhi."
The CPIO vide letter dated 08.12.2022 replied as under:-
"The basic nursing qualification acquired by you that is PCL Nursing Diploma qualified from Council for Technical Education and Vocational Training, Bhaktpur, Nepal is not equivalent to GNM course prescribed by the Indian Nursing Council. Further, it may also to be noted that Proficiency Certificate Level in nursing granted by the Nepal Nursing Council, Kathmandu has not been granted the status of Page 1 of 4 recognized qualification by Indian Nursing Council under Section 10 of the INC Act, 1947."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 08.02.2023. The FAA vide order dated 13.03.2023 held as under:-
"Reply: INC has already informed vide letter no. 23-8/257/2022-INC dated 08/12/2022 that The basic nursing qualification acquired by you that is PCL Nursing Diploma qualified from Council for Technical Education and Vocational Training, Bhaktpur, Nepal is not equivalent to GNM course prescribed by the Indian Nursing Council. Further, it may also to be noted that Proficiency Certificate Level in Nursing granted by the Nepal Nursing Council, Kathmandu has Not been granted the status of recognized qualification by Indian Nursing Council under Section 10 Of the INC Act, 1947. Hence, ground of appeal is absolutely false & baseless."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A detailed and comprehensive written submission dated 16.05.2024 has been received from CPIO reiterating the above facts and adding that INC has received many similar letters (RTIs & Appeal) from the applicant with regard to equivalency of nursing qualification and responded regularly. She has further stated as under:
"a) It is submitted that Indian citizens possessing foreign nursing qualification are examined for equivalence by equivalence committee & after examination of the syllabi and conformation from concerned foreign authorities, the nurses are granted approval for registration in India under Section 11(2) (a) INC Act. 1947. The process of online equivalence application is available on INC website --
https://indiannursingcouncil. org/under Equivalency)-- https://indiannursingcouncil. org/equivalency. (Copy enclosed)
b) The procedure involves submission of transcript Proforma by the concerned University/Board from where the candidate has qualified his/her training. The duly filled transcript Proforma is examined by the equivalency committee member & if found in comparison with nursing curriculum of Indian Nursing program, the foreign nationals Possessing foreign qualification are granted approval for registration in India. After taking into consideration the entire aspects of the case of including the syllabi and periods of clinical training undergone in respect of PCL vocational training of Nepal in comparison to the GNM course recognized by Indian Nursing Council it was found that there is no equivalence of the respective course.
c) The decision having been arrived at by a detailed consideration of the entire aspects of the case relating to syllabi prescribed and curriculum of PCL nursing conducted from council for Technical education & vocational, Bhaktapur, Nepal did not make the Certificate course by vocational centre at Nepal to be equivalent to General Nursing and Midwifery program of the Indian Nursing Council, It is submitted that the decision in respect of equivalence of qualifications having been taken by competent authorities' experts in the field of Nursing Education through equivalency committee.
Page 2 of 4Ms. Saraswati Shreshtha had applied to INC for equivalency on 19/09/2016 and INC had replied vide letter no. 7-2/2016-INC (13) dared 01/03/2018. Appellate has corresponded with INC & INC has replied.
It is also submitted that INC has no such publication of such order/letter/ circular, etc, in official Gazette. Cut off date of revocation of recognition of the proficiency Certificate Level in Nursing recognized by the Nepal Nursing Council, Kathmandu and order/letter/circular, etc. dealing with consultation with the Ministry of External Affairs, Government of India as such cases are dealt as per section 11(2)
(a) of INC Act 1947. The question of revocation of recognition does not arise in the present case. Hence, the allegation of the appellant is totally false.
Further, Ms. Saraswati Shrestha has filed a case bearing Case no. CWJC- 17344/2022 at Hon'ble High court of judicature at Patna challenging the aforesaid decision of Indian Nursing Council to not to consider the equivalency of her qualification & it is sub- Judice."
Written submission dated 20.05.2024 has also been submitted by the Appellant contending that information sought by her qualified as information under section 2(f) of the RTI Act, records relating to which the Respondent is under mandate to maintain in discharge of their statutory duties under section- 10 & 15 of the Indian Nursing Council Act, 1947.
Hearing was scheduled after giving prior notice to both the parties.
Appellant: Present Respondent: Lt. Col. Dr. Sarvjeet Kaur, Secretary was present during hearing.
Both parties have submitted their respective contentions and placed reliance on the respective documents submitted by them, discussed above.
Decision:
Upon perusal of records of the case and hearing averments of the parties, it is noted that the Respondent had furnished appropriate information, based on available records, as permissible under the law. Hence, reply sent by the PIO is found to be legally appropriate and thus upheld. It is noted that the written submission dated 16.05.2024 filed by the Respondent contains detailed and self explanatory information. Therefore, the Respondent is directed to send a copy of the written submission dated 16.05.2024, to the Appellant, within two weeks of receipt of this order and submit a compliance report in this regard before the Commission within one week thereafter. No further intervention is warranted in this case, under the RTI Act.
The appeal is disposed off accordingly.
Heeralal Samariya (हीरालालसामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Page 3 of 4 Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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