Central Information Commission
R. K. Mittal vs Department Of Health & Family Welfare on 25 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/MOHFW/A/2024/645279.
Shri. R. K. Mittal. ... अपीलकताग/Appellant
VERSUS/बनाम
PIO,
Department of Health & Family Welfare. ...प्रनतवािीगण /Respondent
Date of Hearing : 23.07.2025
Date of Decision : 23.07.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 24.06.2024
PIO replied on : 06.07.2024
First Appeal filed on : 27.07.2024
First Appellate Order on : 14.08.2024
2ndAppeal/complaint received on : 14.10.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 24.06.2024 seeking information on following points:-
"MOHFW, MEP Section Thank you for providing Minutes Meeting held on 22.08.2023 by NITI AAYOG headed & MoHFW appointed committee to examine matter related to implementation/preparation of conducting the NExT exam Kindly provide Minutes of further Meetings conducted by above committee after 22.03.2024, till date"
The CPIO, MEP Section vide letter dated 06.07.2024 replied as under:-
"2. In this connection, you are informed that Minutes of the meeting held after 22.03,2024 are not available with the Medical Education Policy Section"
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 27.07.2024. The FAA, Deputy Secretary vide order dated 14.08.2024 replied as under:-
"2. On perusal of records produced before the Appellate Authority, it is found that CPIO replied (vide letter dated 06.07.2024) against your RTI application which stated that "Minutes of the meeting held after 22.03.2024 are not available with Medical Education Policy Section as the process is still under consideration. Since, the issue require the reconsideration of higher authorities and till the action is completed on the issue, the sharing of information may not be feasible.
Page 1
3. Since, the action of the CPIO, MEP appears as a bonafide and there was no action noticed by the undersigned which indicates that the CPIO provided incomplete, misleading and false information.
4. Accordingly, first appeal dated 27.07.2024 stands disposed off."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 17.07.2025 has been received from the CPIO and same has been taken on record for perusal. The relevant extract whereof is as under:
"..I am directed to refer to your notice of hearing dated 27.06.2025 in connection with the appeal/complaint filed by Shri R.K. Mittal.
2. In this regard, it is respectfully submitted that the applicant had filed an RTI application dated 24.06.2024, seeking the Minutes of Meetings (MoM) held after 22.03.2024 to examine the matter related to implementation/preparation of conducting the NEXT examination. As the requested MoM were not available, the applicant was informed vide reply dated 06.07.2024 regarding the non-availability of the information. Subsequently, the applicant preferred a first appeal dated 27.07.2024 against the response to the RTI application. The section, upon re-examination, once again confirmed the non-availability of the requested MoM, and the same was communicated through the order of the First Appellate Authority dated 14.08.2024.
3. It is further submitted that a committee for the implementation and preparation of the NEXT examination was initially constituted on 03.10.2023 under the chairmanship of Dr. Atul Goel, DGHS, and was subsequently reconstituted under the chairmanship of Dr. V.K. Paul, Member, NITI Aayog. The first meeting of the committee was held on 22.03.2024, followed by the second meeting on 16.04.2024. The applicant, Shri R.K. Mittal, had earlier filed an RTI appeal (Registration No. MOHFW/A/E/24/00171 dated 14.04.2024), seeking the complete records of the MoHFW appointed committee overseeing the implementation and preparedness of the NEXT. In response, the section had provided the relevant file noting along with the available Minutes of the Meeting held on 22.03.2024, vide order dated 15.05.2024.
4. However, the information sought in the subsequent RTI application dated 24.06.2024 and the first appeal dated 27.07.2024 could not be furnished, as the relevant information was not available with the section..."
Facts emerging in Course of Hearing:
Appellant/Complainant: Not present Respondent: Not present Both the parties remained absent despite due service of hearing notice.
Page 2 Decision:
At the outset, Commission expresses displeasure over the non-attendance of PIO during the hearing of instant cases. Accordingly, the PIO is hereby directed to file a written explanation justifying the said conduct.
Upon perusal of records and examining the facts of the case at hand, it is noted that the Appellant's queries had been appropriately answered by the concerned PIO. Furthermore, written submission filed by the Respondent is comprehensive and self-explanatory. Thus, information as permissible under the provisions of the RTI Act has been duly furnished to the Appellant. In the given circumstances, no further intervention of the Commission is warranted in this case under the RTI Act. The appeal is disposed of 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 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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