Central Information Commission
Mr.Tarun Bansal vs Ministry Of Health And Family Welfare on 30 December, 2011
CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2011/002932/16669
Appeal No. CIC/SG/A/2011/002932
Relevant Facts emerging from the Appeal
Appellant : Mr. Tarun Bansal
R/o: H.No.124, St. No.3,
Green Avenue, Near Bibi Wala Chowk,
Bathinda (Punjab).
Respondent : Mr. Sube Singh
CPIO & Dy. Secretary O/o Dy, Secretary, Ministry of Health & Family Welfare, Room no. 202, "D" Wing, Nirman Bhawa, New Delhi.
RTI application filed on : 04-07-2011
PIO replied : 11-08-2011
First appeal filed on : 22-08-2011
First Appellate Authority order : Not mentioned.
Second Appeal received on : 21-10-2011
Sl. Information Sought Reply of the PIO
1. Is it necessary to take Essentiality Certificate from state Yes.
govt. for new medical college.
2. Who is the competent authority to issue Essentiality It is for State Government to issue Essentiality
certificate. Certificate.
3. Is the vice chancellor or registrar of any state govt It is not information under RTI Act.
university can issue this certificate on the behalf of the state govt.
4. Is vice chancellor or registrar of state govt university can Same as reply to query no.3.
be said to be a competent authority.
5. Does new medical college Almora which is going to be A copy of consent of Affiliation dated 27.8.2008 established has consent of affiliation from registrar of issued by Assistant Registrar Kumaon University university.(if so then supply copy of same). is enclosed.
6. If govt medical college Almora has consent of affiliation As per the qualifying criteria given in from Assistant Registrar then supply copy of same. How Establishment of medical college Regulations I the proposal of this college under section 1OA of IMC act 999. the consent of affiliation in Form 3 for the has been accepted by central govt health ministry, proposed medical college has been obtained by whenever acc to MCI norms Consent of affiliation should the applicant from a University. be issued by registrar of university.
7. If any application under sec IOA for new medical college The applications received after the cut off dated has received in central govt ministry of health after cut off are sent back to the applicant. date i.e.3 1" Aug then what is the fate of those applications. Is it send back to the college in original form without pointed out the deficiencies in application.
8. Supply list of medical colleges, deemed univ or also Ministry of Health and Family Welfare does not which are under consideration of central govt ministry of issue any Essentiality Certificate to the medical health which got Essentiality certificate directly from colleges. ministry of health & Family Welfare.
Page 1 of 49. Did Shree Balaji Medical College Chromepet had NOC MCI has been requested to provide the from state govt when it started medical college.(if so information directly to you. supply copy of same) 10 If Balaji Medical College Chromepet had no NOC from MCI has been requested to provide the . state govt then tell us how the central govt, ministry of information directly to you.
health & family welfare, MCI had accepted their proposal and given approval to this college without NOC of state govt.
11 Send list of Medical colleges, Deemed univs who had or There is no such medical college who has been . have no NOC from his state govt but central govt, granted permission without fulfilling the ministry of health and mci has accepted their proposals requirement of having under sec 1OA and gave approval to them. essentiality certificate. 12 Send me list of medical colleges which are approved by There is no such medical college. . Health Ministry but disapproved by MCI due to no NOC from state govt or any other reasons. On what basis Ministry approved that colleges.(supply list with reasons) 13 Did Medical college by Thirumuruga Kirupananda MCI has been requested to provide the . Variyarthavathiru Sundara Swamigalme at Salem had information directly to you.
Essentiality certificate when its proposal had accepted by central govt.(if so send me copy) 14 If above mentioned college in point 13 had no NOC from MCI has been requested to provide the . state govt then how central govt, ministry of health, mci information directly to you.
accepted their proposal and approved their college.
15 Send me the copies of consent of affiliation from the It is the concern of Medical Council of India. . proposals of new medical college establish by Deen Dyan Your application is being sent to MCI for taking medical education trust at chennai and also from the new necessary action as per RTI Act. medical college at bokaro Jharkhand.
16 If Deen Dyan medical education trust chennai and new Same as reply to query no. 15. . medical college at bokaro Jharkhand have consent of affiliations after cut off date i.e.30th sept then tell us how the applications of these trusts for new medical colleges under sec lO a has been considered by central govt and forward to Council for 2ecommendations whenever these applications was deficient in form of valid consent of affiliations.
17 Does new medical college at bokaro Jharkhand had Same as reply to query no. 15. . Essentiality Certificate when its proposal under sec 10 a for new medical college had considered by Central govt. (Send me copy) 18 Wheather Darbhanga Dental College Bihar had NOC 18 & 19: As per the records available in the dental . from its state govt when it started dental college.(if sosection, the colleges of Bihar including the supply copy). Darbhanga Dental Colleges, Bihar are pre-1993 19 If Darbhanga Dental College Bihar had no NOC from Colleges. when the approval of the Central . state govt then tell us how the central govt, ministry ofGovernment was not required for establishing the health & family welfare. DCI had accepted their proposal colleges. At that time, the colleges were and given approval to this college without NOC of state established with the approval of the concerned govt. state Govt. Hence, information with regard of Sri. No. 18 & 19 is nor available in the Section.
However, DCI is being requested to provide the information directly to you.
20 If above mentioned college in point no.19 had NOC then In this regard, no information is available with the . why its university had withdrawn its affiliation in year Ministry as it is for the concerned university to 2001 due to reason that this college had no NOC from reply. state govt.
-> M sending you the list of some colleges which have no approval from his state govt which we have got from govt Page 2 of 4 of uttarakhand under RTI(copy enclosed):-
21 Veer Chander Singh Garhwal Medical college Shrinagar The Veer Chander Singh Garhwal Medical . Garhwal has not approved by State College Srinagar Garhwal was gratned permission govt till date and how first batch of MBBS 2008-09 has on the recommendtions of MCI. A copy of got affiliation by HNB garhwal univ and how central Essentiality Certificate issued by Government of govt, ministry of health. MCI accepted their proposal and Uttarakhand and H.N.B. Garhwal University are approved this college without approval of state (supply enclosed. copy related to this).
22 Govt Medical College Haldwani has got approval till The permission to Uttaranchal Forest Hospital . 2008-O9batch from state govt not more than it then how Trust Medical College, Haldwani, Nainital, central govt, ministry of health, mci are still approving Uttarakhand was granted permission by the this college for batch 2009-10,2010-2011 without any Central Government for the academic year 2009- approval from state govt.(supply all copies related to this) 10 on the recommendation of MCI. The aforesaid medical college has also been recognized in February 2010 on the recommendations of MCI.
23 23. Gum Ram Rai Medical College has got approval till A copy of Essentiality Certificate dated July, 2003 . 2007-O8batch from state govt not more than it then how in respect of Sri Guru Ram Rai Educational central govt,ministry of health,mci are still approving this Mission; Dehradun issued by Government of college for batch 2008-09,2009-10,2010-2011 without Uttaranchal is enclosed. any approval from state govt.(supply copies related to this) 24 Uttaranchal Dental College dehradun has got approval till The colleges are granted permission for . 2007-O8batch from state govt not more than it then how establishment on the recommendation of DCI and central govt, ministry of health. dci are still approving this the state government Essentiality Certificate is college for batch 2008-09,2009-10,2010-2011 without required at the time of opening of the college. The any approval from state govt.(supply copies related to Ministry granted renewal permissions to the this), subject dental college for 2008-09 & 2010-11 on the recommendation of DCI. However, the renewal permission for the year 2009-10 was not granted due to certain deficiencies reported by the DCI. Further, 4 any verifiable complaint received about withdrawal of consent of state government, the matter will be taken up with DCI for appropriate action.
25 Seema Dental College rishikesh has got approval till year The BDS degree in respect of Seema dental . 2007-O8batch from state govt not more than it then how college, Rishikesh was recognized by the Ministry central govt, ministry of health. Dci are still approving on 25.6.2008 on the recommendation of DCI and this college for batch 2008-09,2009-10,2010-2011 after recognition, the college is not required to get without any approval from state govt.(supply copies the renewal permissions form the Ministry related to this) provided the DCI recommended for non-
renewal/derecognition of BDS degree on account of deficiencies. Further, if any verifiable complaint received about withdrawal of consent of state government, the matter will be taken up with DCI for appropriate action.
26 Uttaranchal ayurvedic college dehradun has got approval The matter pertains to Department of AYUSH. . till date 30.06.2007 from state govt not more than it then Hence your application is being transferred to how central govt, ministry of health and its council are them for taking necessary action. still approving this college for batch 2007-08,2008- 09,2009-10,2010-2011 without any approval from state govt.(supply all copies related to this) 27 How the name of Sri Narayan Swami Dental College This is not information under RTI Act, 2005. . Dehradun had published for MBBS course with 100 seats subject to LOP in newspaper and prospectus of common pre-medical entrance emaxination for 2009(Uttaranchal Council of Entrance Examination)(copy Page 3 of 4 enclosed)whenever this test is duly approved by state govt.(suply copies in detail related to this).
28 The secretary of medical education health department It is for State Government to reply.
. state of uttatakhand had also issued 50 seats for MBBS(2009-10)batch in govt quota subject to LOP in favour of Sri Narayan Swami Dental College Dehradun(copy enclosed).how this has been done by state..Who is the responsible for this.who have mistake regarding point no.27 and 28.
29 In the matter of Narayan Swami Medical College It is not information under RTI Act, 2005. . Dehradun the central govt Ministry of Health & Family Welfare had given a personal hearing to this college under sec lO a (4) on dated 4th Aug 2009 and passed an order via letter no.F.No.U.12012/818/2008-ME(P-II) in which state govt said that they has not issued Essentiality Certificate or permission to the college. so approval cann't granted to college. but copies of point no.27 & 28 clearly shows the Essentiality Certificate & permission of state govt to the said college and also validation of all the certificates. then why central govt acted illegaly in declining permission to said college under sec lO a (4).
Grounds for the First Appeal:
Incomplete and unsatisfactory information provided by the PIO. Order of the First Appellate Authority (FAA):
No information was received by the FAA.
Grounds for the Second Appeal:
Unsatisfactory reply was provided to the appellant by the PIO & FAA.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Tarun Bansal on video conference from NIC-Bhatinda Studio; Respondent: Ms. Anita Tripathi, Under Secretary on behalf of Mr. Sube Singh, CPIO & Dy. Secretary;
The PIO shows that information has been supplied to the Appellant as sought by him. However, the Appellant wants to know the basis on which certain Medical Colleges have been refused approval by MCI but were granted permission by the Ministry. Though this was not asked in the original RTI application, it would serve public purpose if the file notings based on which these approval was given are provided to the Appellant.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information as detailed above to the Appellant before 15 January 2012.
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
30 December 2011 (In any correspondence on this decision, mention the complete decision number.)(AS) Page 4 of 4