Central Information Commission
Sudhir Kumar Thakur vs Medical Council Of India on 26 August, 2021
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/MEDCI/A/2019/657322
CIC/MEDCI/A/2019/657544
Shri Sudhir Kumar Thakur ... अपीलकता/Appellant
VERSUS/बनाम
PIO ... ितवादीगण /Respondent
National Medical Commission
Date of Hearing : 24.08.2021
Date of Decision : 26.08.2021
Chief Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
Since both the parties are same, the above mentioned cases are clubbed
together for hearing and disposal.
Case RTI Filed CPIO reply First appeal FAO 2 nd Appeal
No. on received on
657322 30.07.2019 29.08.2019 12.09.2019 30.09.2019 19.11.2019
657544 30.07.2019 20.08.2019 11.09.2019 04.11.2019 21.11.2019
Information soughtand background of the case:
(1) CIC/MEDCI/A/2019/657322 The Appellant filed an RTI application dated 30.07.2019 seeking information on following 04 points. He stated that in letter dated 15.02.2019 he had found that Dr Bhattacharya is MBBS, MD, MRCP (Medicine), MRCPATH (Hematology) and FRCPATH (Hematology). However, on the website of the MCI his only registered degree is MBBS.Page 1 of 4
The PIO/Assistant Secretary vide letter dated 29.08.2019 furnished the information as under:-
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 12.09.2019. The FAA/Additional Secretary vide order dated 30.09.2019 stated that the PIO vide letter dated 29.08.2019 has already been provided the relevant information to the Appellant.
Feeling aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging during the hearing In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, hearing through audio conference was scheduled after giving prior notice to both the parties.
The Appellant participated in the hearing through audio conference. He stated that the CPIO did not provide a satisfactory response since in the RTI queries he did not seek the opinion/ view of the CPIO but desired to know if MRCPATH (Haematology) and FRCPATH (Haematology) qualifications of Dr Bhattacharya make him eligible to practice in India. He further stated that ifMRCPATH (Haematology) and FRCPATH (Haematology) are recognised as Degree/ Diploma in India then documentary proof regarding the same should have been provided by the Respondent. Similarly, information should have been provided on whether holding only an MBBS degree makes a doctor eligible to declare himself as a specialist in Haemato-Oncology or not.
The Respondent represented by Shri Rajiv KK, US and Shri Kedar Negi, Consultant, National Medical Commission participated in the hearing through audio conference. Shri Rajiv KK reiterated the CPIO's response and stated that the Indian Medical Register (IMR data) can be accessed on the website of Page 2 of 4 erstwhile MCI/ NMC. Furthermore, details of additional recognised qualifications are mentioned in Schedule 3 Part 2 of the Indian Medical Council Act, 1956.
Decision Keeping in view the facts of the case and the submissions made by both the parties, the Commission is of the view that adequate information as per the RTI Act, 2005 has been provided by the Respondent. Furthermore, a reference was also made to Schedule 3 Part 2 of the Indian Medical Council Act, 1956 which the Appellant can peruse for his reference. It is a settled position of law that as per the RTI Act, 2005 the CPIO is not supposed to answer hypothetical queries seeking his/ her opinion/ explanation/ clarification.
With the above observations, the instant Second Appeal stands disposed off accordingly.
(2) CIC/MEDCI/A/2019/657544 The Appellant filed an RTI application dated 30.07.2019 seeking information on following points:-
The PIO/Assistant Secretary vide letter dated 20.08.2019 furnished the information as under:-
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 11.09.2019. The FAA/Additional Secretary vide order dated 04.11.2019 stated the PIO vide letter dated 20.08.2019 has already been provided the relevant information to the Appellant.Page 3 of 4
Feeling aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, hearing through audio conference was scheduled after giving prior notice to both the parties.
The Appellant participated in the hearing through audio conference. He stated that he required the information with reference to a case pending before the Hon'ble Supreme Court where he wanted to establish that the qualification of Dr Suresh Ramasubban i.e., Diploma in Pulmonary Medicine from the American Board of Internal Medicine is not equivalent to DM in India.
The Respondent represented by Shri Rajiv KK, US and Shri Kedar Negi, Consultant, National Medical Commission participated in the hearing through audio conference. Shri Rajiv KK reiterated the CPIO's response wherein it was mentioned that Schedule 2 of the Indian Medical Council Act, 1956 can be perused to obtain the information regarding recognised degrees/ diploma. However, the Appellant wanted an opinion regarding the validity of qualifications possessed by Dr Suresh Ramasubban which fell outside the purview of the RTI Act, 2005.
Decision:
Keeping in view the facts of the case and the submissions made by both the parties, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent. It is a settled position of law that as per the RTI Act, 2005 the CPIO is not supposed to answer hypothetical queries seeking his/ her opinion/ explanation/ clarification. Hence, no further intervention of the Commission is required in the instant matter.
With the above observation, the instant Second Appeal stands disposed off accordingly.
Y. K. Sinha ( वाई. के . िस हा) Chief Information Commissioner (मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) S. K. Chitkara (एस. के . िचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 of 4