Central Information Commission
Ms. Durdana vs National Medical Commission (Nmc) on 2 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/2024/621130.
Ms. Durdana. ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
National Medical Commission.
Date of Hearing : 30.06.2025
Date of Decision : 30.06.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 01.02.2024
PIO replied on : 23.04.2024
First Appeal filed on : 04.03.2024
First Appellate Order on : NA
2ndAppeal/complaint received on : 20.05.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 01.02.2024 seeking information on following points:-
"I am writing to address a matter of urgency regarding my Eligibility Certificate application (NMC/MCI/EC/2020/012354) pending from 2020 with NMC I joined my medical course in the year 2014 & completed my degree in the year 2019 at Quaid-E-Azam Medical College, Bahawalpur, Pakistan. I would like to know why my eligibility is not being processed? All my other batch mates who applied for Eligibility Certificates before 2020 have already received their Eligibility Certificates. I have also talked with NMC over the telephone and I was told that my security clearance from MHA is pending which is why my eligibility is not being processed. But my admission year is 2014 and during that time no such thing was required and as per MHA, no request for security clearance has been received by them.
As per PUBLIC NOTICE (No. NMC/US(NMC)/2022-226) issued in 2022, students who had joined Pakistan degree colleges/ institutions before December 2018 are eligible to practice medicine in India and granting of eligibility certificate. Regarding the security clearance from MHA, it is only needed for students who have joined Pakistan degree colleges after December 2018. So why am I being told that my security clearance from MHA has not been received by NMC yet when my application does not need it since my admission year is 2014?
Page 1 I talked with the concerned person in MHA regarding this matter and they told me that no request for security clearance has been requested from NMC, regarding this matter. 50 why is NMC telling me my security clearance from MHA is pending when NMC has not even requested it from MHA?
As per conversation with MHA, my admission is before 2018 so my application does not require a security clearance as per the public notice mentioned above. In addition, they also said if NMC is still giving security clearance as a reason for not issuing eligibility kindly ask them to request for the security clearance and share the proof of request."
The CPIO, Registration vide letter dated 23.04.2024 replied as under:-
"Reply :- With reference to your application dated 01/02/24, received to the undersigned on 16.04.2024, it is Intimated that the application No. NMC/MCI/EC/2020/012354 is under process."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 04.03.2024. which was not adjudicated by the FAA.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 13.06.2025 has been received from the CPIO and same has been taken on record for perusal. The relevant extract whereof is as under:
2 In this connection, it is submitted that Ms. Durdana submitted an application for issuing Eligibility certificate vide application No. NMC/MCI/EC/2020/012354 dated 29.05.2024 3 While processing her application, it was observed that she completed her primary medical education (PMQ) from an institute situated in Pakistan.
4 Reference is invited to MHA guidelines dated 05.06.2023 which provides that "In view of national security considerations, no Indian student should go to Pakistan for study in any field, Henceforth, no student should be eligible for appearing in FMGE or seeking employment in India on the basis of educational qualification (in any subject) acquired in Pakistan except those who had joined Pakistan degree colleges institutions before November, 2018 or later after obtaining security clearance from A1HA till 13/04/2022"
5. Since, the applicant joined MBBS in Pakistan before November, 2018, hence, a doubt emerges whether her case requires security clearance before processing her application. Accordingly, MHA was requested to clarify the position. In response, MHA clarified that NMC will apply to MHA for security clearance for eligibility certificate in respect of any Indian student before going to Pakistan for pursuing degree and should apply for security clearance for appearing in FMGE/Registration after completing study in Pakistan, who have joined degree colleges in Pakistan till 13.04.2022 Page 2
6. Accordingly, security clearance for the applicant along with other 231 applicants was sought from MHA vide letter dated 29.07.2024 followed by reminder dated 24.10.2024 and
02.05.2025. The reply from MHA is still awaited and NMC can process the application only after security clearance is granted by the MHA.
7. The above may kindly be treated as compliance report for the matter under reference.
Facts emerging in Course of Hearing:
Appellant: Not present Respondent: Mr. Manish Kumar Mittal, US- participated in the hearing.
The Respondent stated that the relevant information as available in their records has been duly provided to the Appellant. He stated that the MHA has clarified that NMC will apply to MHA for security clearance for eligibility certificate in respect of any Indian student before going to Pakistan for pursuing degree and should apply for security clearance for appearing in FMGE/Registration after completing study in Pakistan, who have joined degree colleges in Pakistan till 13.04.2022. Accordingly, security clearance for the applicant along with other 231 applicants was sought from MHA vide letter dated 29.07.2024 followed by reminder dated 24.10.2024 and 02.05.2025. He averred that the reply from MHA is still awaited and NMC can process the application only after security clearance is granted by the MHA.
Decision:
Upon perusal of records and submissions made during hearing, it is noted that the Appellant's queries had been appropriately answered by 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. It is noted that as submitted by the PIO the security clearance for eligibility certificate for the applicant along with other 231 applicants were sought from MHA vide letter dated 29.07.2024 followed by reminder dated 24.10.2024 and 02.05.2025 and the reply from MHA in this regard is still awaited. 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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