Central Information Commission
Muhammed Minhaj T vs Ministry Of Health & Family Welfare on 18 April, 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/MH&FW/A/2023/607108
Shri Muhammed Minhaj T ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Ministry of Health and Family Welfare ...प्रनतवािीगण /Respondent
Date of Hearing : 15.04.2024
Date of Decision : 15.04.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 06.12.2022
PIO replied on : 08.12.2022
First Appeal filed on : 08.12.2022
First Appellate Order on : 12.12.2022
2ndAppeal/complaint received on : 13.02.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 06.12.2022 seeking information on the following points:-
"1) What is the definition of Physiotherapy according to Allied and Healthcare Professions Act, 2021?
2) Can Physiotherapist practice Independently according to Allied and Healthcare Professions Act, 2021?
3) Can Physiotherapist use Dr Prefix according to Allied and Healthcare Professions Act, 2021? If no why a profession with independent practice cannot use Dr Prefix and what is the criteria for using Dr prefix other than independent practice?
4) What is the minimum salary that has to be given to a physiotherapist according to any act or law in India?
5) As per Allied and Healthcare Professional Act 2021, what is the pay scale applicable for Physiotherapist post in Central and State Government service?
6) Procedure for registration of Physiotherapist as Health Professional as per the Act?
7) Steps taken by Government of Kerala for implementation of Allied and Healthcare Professional Act till date?"Page 1 of 3
The CPIO vide letter dated 08.12.2022 replied as under:-
"1 & 2. As per schedule of NCAHP Act, 2021, "Physiotherapy Professional is a person who practice physiotherapy by undertaking comprehensive examination and appropriate investigation, provides treatment and advice to any persons preparatory to or for the purpose of or in connection with movement or functional dysfunction, malfunction, disorder, disability, healing and pain from trauma and disease, using physical modalities including exercise, mobilization, manipulations, electrical and thermal agents and other electro therapeutics for prevention, screening, diagnosis, treatment, health promotion and fitness. The physiotherapist can practice independently or as of a multi-disciplinary team and has a minimum qualification of a baccalaureate degree."
3. Transfer to MEP Section of this Ministry u/s 6(3) of the RTI Act, 2005. 4 & 5. No such information is available in the section.
6. Interim Commission for Allied and Healthcare Professions (ICAHP) to regulate 56 Allied and Healthcare Professions at Central level has already been notified on 21.09.2021 as per provision of National Commission for Allied and Healthcare Professions Act, 2021. It will take some time to ICAHP to take up all related issues including registration.
7. As per information available in the section, Government of Kerala has been constituted Council in their State. You may approach the concern State Government for further information."
Meanwhile on not receiving response from the CPIO, the Appellant filed a First Appeal dated 08.12.2022. The FAA vide order dated 12.12.2022 held as under:-
"2. Since the CPIO, AHS has already provided the requisite information to you, no further direction is required in r/o CPIO, AHS Section. It is further informed that the Interim Commission for Allied and Healthcare Professions (ICAHP) has been notified in terms of the NCAHP Act, 2021. Further, the related issues will be taken up, once the regulations are framed by National Commission for Allied and Healthcare Professions (NCAHP) on its constitution. However, your RTI appeal is also forwarded to CPIO, MEP Section w.r.t. point no. 3 of your RTI appeal."
Aggrieved and dissatisfied with response on the third question, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Hearing was scheduled after giving prior notice to both the parties. Appellant: Not present Respondent: Shri Shubhendu Shekhar Srivastava - US was present for hearing The Respondent reiterated the response sent by the PIO and FAA, as mentioned above whereby information had been sent to the Appellant.
Decision:
Upon perusal of records of the case, it is noted that the information available on record with the public authority as defined under Section 2(f) of the RTI Act has been duly sent to the Appellant. The Appellant has chosen not to contest the case Page 2 of 3 at hand. Hence, no further intervention is warranted in this case, under the RTI Act.
The appeal is disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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