Central Information Commission
N. S. S. Subhash Kumar vs National Medical Commission (Nmc) on 10 July, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/NMCOM/A/2024/637880
Shri N. S. S. Subhash Kumar ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
National Medical Commission (NMC)
Date of Hearing : 07.07.2025
Date of Decision : 07.07.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 06.12.2023
PIO replied on : 17.07.2024
First Appeal filed on : 08.07.2024
First Appellate Order on : - -
2 Appeal/complaint received on
nd : 29.08.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 06.12.2023 seeking information on following points:-
1) "Please provide the compliance status/report /report /report submitted (by RDJMMCH to NMC) (by RDJMMCH to NMC) (by RDJMMCH to NMC) in relation to the NMC's letter Ref. No.:D-130024/07/2022/NMC/DMPP-002558 dtd.25/01/2023, as on date of reply.
2) As per NMC records, what is the last date for submission of compliance and status report by any private MBBS medical college to NMC, in relation to the letter Ref. No.:D-130024/07/2022/NMC/DMPP-002558 dtd.25/01/2023 (as on date of reply)?
3) Please provide the compliance status/report /report /report submitted (by RDJMMCH to NMC) (by RDJMMCH to NMC) (by RDJMMCH to NMC) in relation to the Adv relation to the Advisory dtd.02/02/2024 dtd.02/02/2024 dtd.02/02/2024 (digitally signed on 15/03/2024). The pointwise compliance status of RDJMMCH (as per available NMC records) to the said advisory may please be provided, as on date of reply:
a. Date of sharing (with NMC) of login credentials of such NVR(s) to '[email protected]' or NMC, as per para-1(ii) of the above advisory. b. Number of occasions (please provide the dates) on which NMC had accessed [in accordance with para-1(ii) of said advisory] the playback of any such recordings of RDJMMCH, from 01/01/2024 to 31/05/2024. c. Details of dedicated MPLS/ILL connection, along with the connection speed, as per para-1(iii) of the above advisory.
Page 1 d. Number of CCTV cameras and Location details (along with their resolution), installed in Lecture halls [minimum 4K resolution, as per para-1(iv) of the above advisory].
e. Number of CCTV cameras and Location details (along with their resolution) installed in other areas, as per para-1(iv) of the above advisory.
4) As per NMC records, what is the last date for submission of compliance and status report by any private MBBS medical college to NMC, in relation to the Advisory dtd.02/02/2024 (digitally signed on 15/03/2024), as on date of reply.
5) Number of Aadhaar Enabled Biometric Attendance System (AEBAS) or any such Biometric attendance points installed for recording of Teaching Faculty Faculty's attendance, as submitted by RDJMMCH to NMC as on date of reply (along with the location of such recording system/points).
6) Number of Aadhaar Enabled Biometric Attendance System (AEBAS) or any such Biometric attendance points installed for recording of MBBS Students' MBBS Students' MBBS Students' attendance, as submitted by RDJMMCH to NMC as on date of reply (along with the location of such recording system/points).
7) Number of Aadhaar Enabled Biometric Attendance System (AEBAS) or any such Biometric attendance points whose installation is under process (for record of attendance of Faculty and/or MBBS students as submitted by RDJMMCH to NMC as on 06/06/2024 (along with the location of such recording system/points).
8) Copies of any communication with RDJMM Copies of any communication with RDJMM any communication with RDJMMCH (from 25/01/2023 to (from 25/01/2023 to (from 25/01/2023 to 06/06/2024 06/06/2024 06/06/2024), regarding compliance to the NMC's letter Ref. No.:D-
130024/07/2022/NMC/DMPP 002558 dtd.25/01/2023 and NMC's Advisory dtd.02/02/2024 (digitally signed on 15/03/2024)."
Having not received any response received from the CPIO, the Appellant filed a First Appeal dated 08.07.2024 which was not adjudicated by the FAA as per available records.
The CPIO, National Medical Commission (NMC) vide letter dated 17.07.2024 replied as under:-
"The RTI applicant may be informed that, as per information furnished by e- mail dated 09.07.2024 from Manager (IT), Radha Devi Jageshwari Memorial Medical College and Hospital does not exist in Network Video Recorder (NVR) daily monitoring list and the IT team is not able to monitor the NVR. Reminder has been served to the college regarding new advisory published, however, no response has been received from the college so far due to lack of NVR information."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Present Respondent: Pankaj Kumar, US, K.Srinivasa, US, Leena George Page 2 The written submission of the CPIO were duly taken on record. The CPIO w.r.t point No.1 submitted that In pursuance to NMC's advisory vide letter No.: D- 130024/07/2022/NMC/DMMP-002558 dated 25/01/2023, the said college Radha Devi Jageshwari Memorial Medical College and hospital (RDJMMCH), Muzzaffarpur, Bihar has been registered with AEBAS. However, NVR details have not been provided by the concerned college and Show Cause Notice no. N-16014(18)/2/2024-IT-NMC(e8263771) dated 20-05-2025 was issued to the college for non-compliance.
Decision:
Upon the perusal of the case records & submissions, the Commission observes that an appropriate reply has been provided by the CPIO w.r.t 02 to
08. However, w.r.t to Point No.1 the CPIO is directed to provide the copy of the show cause notice to the Appellant which was sent to Radha Devi Jageshwari Memorial Medical College and hospital (RDJMMCH), Muzzaffarpur, Bihar The said direction should be complied within 30 days from the date of receipt of this order and accordingly compliance report to this effect be duly sent to the Commission by the CPIO thereafter.
In the light of above directions, the Commission does not find any merits for the further intervention in the present appeal. Thus, the present appeal stands disposed off with the direction to the CPIO.
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 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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