Central Information Commission
Satish Kumar Krishnan Iyer vs Dental Council Of India on 8 March, 2017
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F. No.CIC/YA/A/2016/001208
Date of Hearing : 02.03.2017 & 07.03.2017
Date of Decision : 07.03.2017
Appellant/Complainant : Shri Satish Kumar Krishnan Iyer
Respondent : CPIO, Dental Council of India
Through:
Shri Alok Mehta
Shri Ashutosh Thakur
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
RTI application filed on : 06.07.2015
PIO replied on : 31.07.2015
First Appeal filed on : 30.08.2015
First Appellate Order on : 09.10.2015
2nd Appeal/complaint received on : 20.02.2016
Information soughtand background of the case:
Vide RTI application dated 06.07.2015, the appellant sought information as to whether Master of Dental Surgery (MDS) degree in the speciality of Paedodontics and Preventive dentistry at Govt. Dental College, Thiruvananthapuram, Kerala for the period 2009-2012 under University of Kerala, Thiruvananthapuram, is recognised by the Dental Council of India and if so then why this information not published in the gazette/Part I of the Schedule of Dentists Act, 1948. The second part of the query questioned the rationale of the Govt. Dental College in providing admission to students for the last 25 years without mentioning its recognition. The CPIO vide letter dated 31.07.2015 confirmed that MDS seats in these two specialities are recognised under two Universities i.e. firstly under Kerala University and thereafter under Kerala University of Health Sciences, Kerala after change of University at Kerala in 2013. A copy of GOI notification dated 19.05.2016 was enclosed. The appellant filed first appeal stating that the notification dated 19.05.2015 was with respect to the Kerala University of Health Sciences which was set up in 2013 but it was not with respect of University of Kerala for the period 2009-2012 when the student had graduated. The appellant also mentioned that in the Schedule Part I (recognised dental qualification granted by the authorities or institutions in India) the recognition of Master of Dental Surgery degree in the two specialities under University of Kerala Thiruvananthapuram did not figure. The FAA vide order dated 09.10.2015 disposed of the first appeal without giving any relief to the appellant and merely stated that the MDS course in the speciality of Paedodontics was started in the year 1995 at the Govt. Dental College, Thiruvananthapuram and that the copy of GOI notification is not traceable in the office record. Feeling aggrieved, the appellant approached the Commission.
Relevant facts emerging during hearing:
Both parties are present and heard. The appellant while reiterating his argument filed in the 2nd appeal stated that the Maharashtra State Dental Council is not registering his Master's Degree qualification for the last 2 years on the grounds that the recognition of his Master's Degree from Government Dental College affiliated with Kerala University does not figure in the Schedule Part I of the Dentists Act, 1948. He states that this is seriously impacting his career as a doctor and he has suffered mental agony and pecuniary loss. He further averred that he is a candidate who had secured admission on merit through a centralised counselling procedure conducted by the Ministry of Health and Family Welfare.; He urged the Commission to give direction to the public authority concerned for providing him with a copy of Gazette notification mentioning the recognition of degree awarded by the Dental College affiliated with Kerala University for the period 2009-2012.
The CPIO admitted before the Commission that while the Dental College was started in 1975, the speciality courses were first offered in 1995. He also admitted that these were recognised courses. However, the copy of notification in this regard is missing. In Ashish Soni v. CPIO, Dental Council of India [CIC/YA/A/2016/000274] same issue was dealt with by this bench.
In Ashish Soni (supra) the appellant Ashosh Soni had sought information regarding recognition of MDS degree (Oral Maxillofacial Surgery) obtained from Government Dental College, Thiruvananthapuram affiliated with the University of Kerala. The State Dental Council was not granting him registration and insisting upon the gazette notification to establish his credentials. The Commission in this case had directed respondents to furnish certified copies of the relevant notification or otherwise certify on oath that the degree MDS awarded to the appellant was recognised by the Government and furnish the same to the appellant and the Maharashtra Dental Council for his registration with the State Dental Council.
The respondent stated that in pursuance of the CIC directions, the Dental Council of India has already undertaken the necessary steps, which are also relevant in the present case at hand. Documents have been submitted before the Commission and perused. The appellant has been informed vide letter dated 17.02.2017 by the DCI that in response to their query, the Government Dental College, Thiruvananthapuram has written to the Dental Council of India enclosing a list of specialities of MDS courses, admission capacity therein, the year of commencement of the courses and the status of recognition of their degree. As per this letter, the MDS course in the speciality of oral and maxillofacial surgery was commenced with 3 seats in the year 1975 and is recognised. A copy of the letter has also been provided to the appellant. The Commission notes that the same letter gives out the information pertaining to this RTI query and the second appeal, that the two seats in the speciality of paedodontis and preventive dentistry commenced in the year 1995 and they are recognised.
Further, the DCI in order to ameliorate the plight of all such appellants has written to all concerned, including Government of India to confirm whether the MDS degree awarded by University of Kerala in three specialities i.e. Oral & Maxillofacial Surgery, Paedodontics and Preventive Dentistry and Oral Medicine & Radiology are recognised or not and to provide a copy of the notification. In view of the reply already received from the Dental College, Thiruvananthapuram, the Asstt. Secretary of Dental Council of India and the PIO has certified on oath that the degree MDS as earned by appellant in case No. CIC/YA/A/2016/000241 is recognised for the purpose of registration of additional qualification as per the Dentists Act, 1948.
The appellant further reiterated that the same certificate should be issued to him, however, it is the Maharashtra Dental Council which should be addressed by the DCI for registering him after this certification by the DCI in this case.
Decision:
After perusing the records of the case and hearing both the parties, the Commission notes with great concern the inability of the Dental Council of India in providing the desired information to the appellant, for want of which he has been suffering both mentally and professionally for the last few years. The appellant gained admission in the MDS course of Paedodontics and Preventive Surgery in Govt. Dental College, Thiruvananthapuram affiliated to Kerala University in 2009. Having acquired the degree when he approached the State Dental Council of Maharashtra for registering his qualification, he was denied since part I of the Schedule to the Dentists Act, 1948 did not include the name of the course under the recognised list and neither was the relevant Gazette notification made available on the basis of which registration could be made. The appellant, therefore, is in desperate need of the gazette notification recognising the course of Paedodontics and Preventive Dentistry, 2009-2012 in Govt. Dental College affiliated to University of Kerala. The DCI while admitting that the course started in 1995, is recognised does not have the gazette notification and has sought the help of the concerned College/University and the Union Ministry of Health and Family Welfare in unearthing a copy of the same.
It is distressing to note that despite the knowledge that the course is recognised, the registration with the State Dental Council is being denied to the appellant. This is a bureaucratic lapse. It is strange that the Govt. Dental College and the University, which offers a course, does not have the necessary papers to certify that the course which it runs is recognised or not and as a result the students have to suffer. The appellant in Ashish Soni (supra) was also suffering due to its non registration with the Dental Council.
The Commission directs the Dental Council of India to provide the Gazette notification to the appellant and in the meantime certify on oath that Paedodontics and Preventive Surgery is recognised, furnishing a copy to both to appellant and State Dental Council, Maharashtra so that registration of the appellant is facilitated. It has, however, been brought to the notice of the Commission that despite the certification by the Dental Council of India in pursuance of CIC's order in Ashish Soni (supra), the State Dental Council of Maharashtra is yet to accord registration to the appellant whose case is exactly similar to the one in hand.
The present case, therefore, requires the intervention of Secretary, MoH & FW, Govt. of India where the appellant, a doctor having successfully completed a recognised course of MDS in Paedontics and Preventive Surgery has been denied registration by the State Dental Council because of non- availability of the gazette notification/recognition awarded by the Government.
The Commission therefore, directs the Designated officer of this bench to bring this case to the attention of Secretary, Ministry of Health, Govt. Of India for ameliorating the plight of such students who have undergone courses which are said to be recognised but are still unable to register themselves with the respective State Dental Councils, in absence of relevant gazette notifications certifying that these courses are recognised. The Commission would also strongly recommend to the Ministry of Health to undertake an exercise covering all the dental colleges in India running various courses, to ensure that they have the relevant gazette notifications/recognition documents which certify that these courses are recognised. This exercise should be conducted before the beginning of the next academic session. The Commission would also recommend that the procedures should be streamlined with regard to the registration of newly graduated doctors. As soon as the degree is awarded to the successful students from such courses, a list of such students with the newly acquired Dental qualification should be sent to the Dental Council of India and the State Dental Councils for enabling smooth registration.
The Commission also directs the Dental Council of India to direct all the Dental Colleges of the country that with respect to all the courses run by these colleges, all relevant documents including gazette notification/schedule I of the Dentists Act/recognition letter from the Government should be put on the website. While conducting this exercise, the DCI should ensure that they also make available all such documents of recognition with respect to courses not figuring in list I but are recognised. Such an exercise should be conducted before the commencement of next academic session. These directions are issued under Section 19(8)(a)(iii) & (iv) of the RTI Act, 2005. The respondent shall place a report of compliance before the Commission by 30.04.2017 positively.
The appeal is allowed in aforesaid terms.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(R.P.Grover) Designated Officer Copy to:-
Nodal Officer - RTI Cell, First Appellate Authority under Assistant Secretary & RTI PIO, Dental Council of President, Dental Council of India, Aiwan-E-Galib Marg, India, Aiwan-E-Galib Marg, Kotla Road, New Kotla Road, New Delhi-110002. Delhi-110002.
SATISH KUMAR KRISHNAN IYER House No. : C-16, PARASHVANATHH Apartment, SAIBABA BNAGAR, Borivali WEST, Mumbai-400092 (Maharashtra).