Central Information Commission
R K Mittal vs National Medical Commission (Nmc) on 21 August, 2024
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/2023/628343
निकायत संख्या/Complaint No. CIC/NMCOM/C/2023/628349
नितीय अपील संख्या/Second Appeal No. CIC/NMCOM/A/2023/628395
निकायत संख्या/Complaint No. CIC/NMCOM/C/2023/628397
Shri R K Mittal ... अपीलकताग/Appellant
शिकायतकताा /Complainant
VERSUS/बनाम
PIO, National Medical Commission (NMC) ...प्रनतवािीगण /Respondent
Date of Hearing : 08.08.2024
Date of Decision : 14.08.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal/complaint:
Case No. RTI Filed CPIO reply First FAO 2nd Appeal
on appeal /Complainant
received on
628343 22.03.2023 21.04.2023 07.05.2023 17.05.2023 07.06.2023
628349 22.03.2023 21.04.2023 07.05.2023 17.05.2023 07.06.2023
628395 22.03.2023 23.03.2023 24.03.2023 24.04.2023 07.06.2023
628397 22.03.2023 23.03.2023 24.03.2023 24.04.2023 07.06.2023
[Since all the above cases arise out of the same RTI application and bear the
same facts, and hence they are clubbed together for the purpose of ease of
adjudication]
Information soughtand background of the case:
(1) CIC/NMCOM/A/2023/628343 (2) CIC/NMCOM/C/2023/628349 The Appellant/Complainant filed an RTI application dated 22.03.2023 seeking information on the following points:-
"1.Record reflecting decision making process of proposal to conduct NEXT step 1 in 2 parts (As reflected in draft Foreign Medical Graduates Regulations 2021 dated 23.4.2021) Page 1 of 7
2.Record reflecting decision making process of proposal to conduct NEXT step 1 in 2 parts for Indian Medical Graduates too (As reflected under Agenda item no 5.1 b of Minutes of 6th meeting of National Medical Commission dated 24.3.2022)
3.Record reflecting decision making process of proposal to conduct NEXT step 1 in single part (As reflected in Draft National Medical Commission National Exit Test Regulations 2022 dated 28.12.2022)
4.Record reflecting decision making process to decide the content of draft Foreign Medical Graduates Regulations 2021 dated 23.4.2021
5.Record reflecting public comments received in response to draft Foreign Medical Graduates Regulations 2021 dated 23.4.2021 & summary of comments so received (except 1 comment of Indian Foreign Medical Students (IFMS) Welfare MCI gurukul trust
6.Record reflecting decision making process to incorporate suggestions/ comments so received in draft Foreign Medical Graduates Regulations 2021 dated 23.4.2021
7.Record reflecting decision making process to decide the content of National Medical Commission (Foreign Medical Graduates Licentiate) Regulations 2021 dated 18.11.2021
8.File in which NMC filed its copy of MoHFW letter No V.11025/249/2020-MEP dated 14.12.2022
9.File in which NMC filed its letter No A-11017/01/Excel/2021-NMC(Admin)002233 dated 15.1.2021
10.File in which NMC filed its copy of PMO ID No 358800/PMO/2021/5W dated 30.11.2021 11File in which NMC filed its copy of MoHFW letter No V.11013/05/2021-ME-1 (Pt4) (8126062) dated 6.12.2021
12.File in which NMC filed its letter No A-11017/01/Excel/2021-NMC(Admin) dated 17.12.2021
13.File in which NMC filed its letter No A-11017/01/Excel/2021-NMC(Admin)002233 dated 15.1.2021
14.File in which NMC filed its copy of MoHFW letter No V.11025/321/2022-MEP dated 29.8.2022
15.File in which NMC filed its copy of MoHFW letter No V.11025/321/2022-MEP dated 5.9.2022
16.File in which NMC filed its copy of MoHFW letter No V.11025/321/2022-MEP dated 5.9.2022
17.File in which NMC filed its copy of MoHFW letter No V.11025/321/2022-MEP dated 12.9.2022
18.File in which NMC filed its copy of MoHFW letter No V.11013/05/2021-ME-1 Part4 dated 3.11.2022.
19.File put up to secretary NMC for signing draft Foreign Medical Graduates Regulations 2021 dated 23.4.2021
20.File put up to secretary NMC for signing first copy of National Medical Commission (Foreign Medical Graduates Licentiate) Regulations 2021
21.Record about list of files & their subject matter in possession of Coordination cell & UGMEB of NMC."
The CPIO, Coordination Section, National Medical Commission (NMC) vide letter dated 21.04.2023 replied as under:-
Point No. 1, 2 & 3:-"The information requisite documents have already been provided through online mode on 20.02.2023.Page 2 of 7
Point No. 4, 7, 19 & 20:-Custodian of the records pertaining to draft Foreign Medical Graduates Regulations 2021 dated 23.04.2021 is UGMEB, therefore, UGMEB is requested to provide information directly to the applicant. Point No. 5 & 6:-Custodian of the records pertaining to draft Foreign Medical Graduates Regulations 2021 dated 23.04.2021 is UGMEB, however, the information has already been provided earlier vide letter no. C-21011/64/2022/NMC/Coord. dated 17.02.2023.
Point No. 8 to 18:-The information is not available under section 7(9) of RTI Act, 2005, in the form in which it is sought and collecting the same would divert this disproportionately the recourses.
Point No. 21:- With regard to your request for information, it is informed that to provide the copy of requisite documents, you are required to pay the fee of Rs 102/- as per Rule 4 of RTI Rules 2012 according to the calculation shown below-
1. The total number of pages of the requested record - 51 pages ii. Total cost of copy on A4 Page- Rs.2 multiplied by 51 is equal to Rs 102/- Further, it is requested that the payment be made as per Rule 6 of RTI Rules 2012 by any of the following modes Cash, Demand Draft, Bankers Cheque or Indian Postal Order in favour of the Accounts Officer, National Medical Commission. Dwarka, New Delhi or through electronic means in RTI Portal."
Dissatisfied with the response received from the CPIO, the Appellant/Complainant filed a First Appeal dated 07.05.2023. The FAA vide order dated 17.05.2023 held as under:-
4. "The undersigned has gone through the case and discussed the matter with CPIO and found that the information requested under the point no. 1-3 of the RTI application has already been provided by CPIO (Coord. & Vig.) to the applicant. However, if the information is again requested by the applicant, a copy of the same may be furnished to him on payment of fee prescribed in the RTI Rules, 2012. Regarding point no. 5-6 of RTI application, CPIO (Coord. & Vig.) already informed that the record related to information requested is under the custody of CPIO (UGMEB). Accordingly CPIO (UGMEB) is requested to furnished information w.r.t. point no. 5 and 6 of original RTI.
Regarding point no. 9, 12 & 13 of RTI application, it is informed that the record related to information requested is under the custody of CPIO (Establishment). Accordingly CPIO (Establishment) is requested to furnished information w.r.t. point no. 9, 12 & 13 of original RTI.
5. It is observed that the applicant has referred to letters of different dates from other public authorities like M/o Health and Family Welfare etc., and requested to information regarding them. In the absence of any reference or context searching and compilation of information related to these letters will disproportionately divert the limited manpower/resources of this division hence, the requisite information cannot be furnished under section 7(9) of RTI Act, 2005."
Facts emerging in Course of Hearing:
An undated combined written submission has been received from the Applicant with respect to all his cases listed today for hearing stating that the Respondent has not served any written submission to him. He further stated that NMC be instructed to give their written submission atleast 7 days in advance and provide copy thereof to the to the Applicant; and in case NMC fails to submit the written submission, a week before the hearing, he has sought rescheduling the hearing atleast 7 days after the written submission is served on him.Page 3 of 7
A written submission dated 01.08.2024 has been received from CPIO, Vigilance Section stating as under:
The reply to RTI application no. NMCND/8/E/23/00545/1 dated 22.03.2023 was given on 21.04.2023. Information on point no. 1,283 was provided through letter dated 17.02.2023 which was also conveyed through e-mail to the applicant on 20.02.2023. The information for which the applicant paid the requisite amount was provided vide Letter No.C-21011/64/2022/NMC/ Coord/032078-080 dated 08.06.2023. For the rest of the part the RTI was transferred to UGMEB. FAA (Coord.) also replied to the applicant vide letter dated 17.05.2023. All the information was furnished to the applicant well in time (copy enclosed).
Hearing was scheduled after giving prior notice to both the parties.
Appellant/Complainant: Present through video conference Respondent: Shri K. Srinidhi - US, NMC; Shri Subodh Kumar, NMC; Smt. Vishaka Gautam - SO(Vigilance)/CPIO; Shri Pradeep Kumar- SO, NMC and Smt. Leena George
- US, UGMEB were present during hearing.
The Appellant/Complainant was heard wherein he stated that he was not satisfied with the information furnished so far by the Respondent. The Respondent on the other hand stated that PIO had furnished information available in their records and referred to the written submission to substantiate the arguments.
(3) CIC/NMCOM/A/2023/628395 (4) CIC/NMCOM/C/2023/628397 The Appellant/Complainant filed an RTI application dated 22.03.2023 seeking information on the following points:-
"1.Record reflecting decision making process of proposal to conduct NEXT step 1 in 2 parts (As reflected in draft Foreign Medical Graduates Regulations 2021 dated 23.4.2021)
2.Record reflecting decision making process of proposal to conduct NEXT step 1 in 2 parts for Indian Medical Graduates too (As reflected under Agenda item no 5.1 b of Minutes of 6th meeting of National Medical Commission dated 24.3.2022)
3.Record reflecting decision making process of proposal to conduct NEXT step 1 in single part (As reflected in Draft National Medical Commission National Exit Test Regulations 2022 dated 28.12.2022)
4.Record reflecting decision making process to decide the content of draft Foreign Medical Graduates Regulations 2021 dated 23.4.2021
5.Record reflecting public comments received in response to draft Foreign Medical Graduates Regulations 2021 dated 23.4.2021 & summary of comments so received (except 1 comment of Indian Foreign Medical Students (IFMS) Welfare MCI gurukul trust
6.Record reflecting decision making process to incorporate suggestions/ comments so received in draft Foreign Medical Graduates Regulations 2021 dated 23.4.2021
7.Record reflecting decision making process to decide the content of National Medical Commission (Foreign Medical Graduates Licentiate) Regulations 2021 dated 18.11.2021
8.File in which NMC filed its copy of MoHFW letter No V.11025/249/2020-MEP dated 14.12.2022 Page 4 of 7
9.File in which NMC filed its letter No A-11017/01/Excel/2021-NMC(Admin)002233 dated 15.1.2021
10.File in which NMC filed its copy of PMO ID No 358800/PMO/2021/5W dated 30.11.2021 11File in which NMC filed its copy of MoHFW letter No V.11013/05/2021-ME-1 (Pt4) (8126062) dated 6.12.2021
12.File in which NMC filed its letter No A-11017/01/Excel/2021-NMC(Admin) dated 17.12.2021
13.File in which NMC filed its letter No A-11017/01/Excel/2021-NMC(Admin)002233 dated 15.1.2021
14.File in which NMC filed its copy of MoHFW letter No V.11025/321/2022-MEP dated 29.8.2022
15.File in which NMC filed its copy of MoHFW letter No V.11025/321/2022-MEP dated 5.9.2022
16.File in which NMC filed its copy of MoHFW letter No V.11025/321/2022-MEP dated 5.9.2022
17.File in which NMC filed its copy of MoHFW letter No V.11025/321/2022-MEP dated 12.9.2022
18.File in which NMC filed its copy of MoHFW letter No V.11013/05/2021-ME-1 Part4 dated 3.11.2022.
19.File put up to secretary NMC for signing draft Foreign Medical Graduates Regulations 2021 dated 23.4.2021
20.File put up to secretary NMC for signing first copy of National Medical Commission (Foreign Medical Graduates Licentiate) Regulations 2021
21.Record about list of files & their subject matter in possession of Coordination cell & UGMEB of NMC."
The CPIO, National Medical Commission (NMC) vide letter dated 23.03.2023 replied as under:-
"The information sought regarding NEXT does not come under purview of Under Graduate Medical Education Board (UGMEB). The file of Draft Regulation on Foreign Medical Graduate Licentiate Regulation 2021 is in the custody of Coordination Section, NMC. Since the RTI application has already been transferred to Coordination Section, NMC by Nodal Officer, NMC. Accordingly, RTI is disposed of."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 24.03.2023. The FAA, UGMEB vide order dated 24.04.2023 stated as under:-
3. "I have gone through the documents/file pertaining to disposal of your RTI application dated 22.03.2023. On perusal of the record, it has been observed that CPIO, (Coord. and Vigilance) has sent a reply to your RTI application vide letter no.
C-21011/64/2023/NMC/Coord./021623 dated 21.04.2023 and transferred parts of the RTI application to CPIO, UGMEB with the request to provide requisite information in respect of point no. 4,7,19 & 20 directly to you.
4. In this regard, it is stated that softcopies of the complete file (Noting as well as correspondence) pertaining to Draft of Foreign Medical Graduate Licentiate Regulations, 2021 have already been provided to the applicant through online RTI portal on 15.12.2022 & 17.01.2023. In case, you further require another copy of the same document under RTI Act you may obtain the same by depositing the requisite amount @ Rs. 2 per page."
Page 5 of 7Aggrieved and dissatisfied, the Appellant/Complainant approached the Commission with the instant Second Appeal/Complaint.
Facts emerging in Course of Hearing:
An undated combined written submission has been received from the Applicant with respect to all his cases listed today for hearing stating that the Respondent has not served any written submission to him. He further stated that NMC be instructed to give their written submission atleast 7 days in advance and provide copy thereof to the to the Applicant; and in case NMC fails to submit the written submission, a week before the hearing, he has sought rescheduling the hearing atleast 7 days after the written submission is served on him.
A written submission dated 01.08.2024 has been received from CPIO, Vigilance Division reiterating the order dated 24.04.2023 passed by the FAA, UGMEB. The PIO, UGMEB has also submitted a written submission dated 31.07.2024 stating as under:
3. In this regard, it is stated that as per function and powers of UGMEB provided in NMC Act, 2019, conduct of NEXT does not come under the purview of UGMEB. Since UGMEB is not the actual custodian of the above information and the requisite information is not available with this Board, therefore, this board is unable to provide any information in matter.
4. It is further mentioned that soft copies of the complete file (Noting as well as correspondence) pertaining to Foreign Medical Graduate Licentiate Regulations, 2027 have been provided to the applicant. In addition, the applicant has been conveyed on several occasions that no other information w.r.t. the draft FMG Regulations dated 23.04.2021 is available with the undersigned CPIO.
Decision:
Perusal of the records of the aforementioned cases indicate that Respondent has provided appropriate response based on available records as per the Section 2(f) of the RTI Act.
CIC/NMCOM/C/2023/628349, CIC/NMCOM/C/2023/628397 The Complainant has chosen to approach the Commission with these Complaints under Section 18 of the RTI Act, wherein the only question which requires adjudication is whether there was any willful concealment of information. From the records of the cases at hand and deliberation between parties, it appears that the Respondent had sent information available on records, well within the mandate of the law. Considering the fact that the information furnished by the Respondent is in consonance with the terms of the provisions of the RTI Act, 2005 and did not suffer from any legal infirmity or lacunae response based on information available on record with them, therefore, no question of deliberate or wilful denial of information arises in this case.
To understand the scope of a Complaint filed under the RTI Act, it is pertinent to refer to the judgment of the Hon'ble Supreme Court of India in the case of Chief Information Commissioner and Another v. State of Manipur and Anr. in Civil Appeal Nos. 10787- 10788 of 2011 dated 12.12.2011, relevant extract whereof is as under:
"...30. ...The only order which can be passed by the Central Information Commission or the State Information Commission, as the case may be, under Section 18 is an order of penalty provided under Section 20. However, before Page 6 of 7 such order is passed the Commissioner must be satisfied that the conduct of the Information Officer was not bona fide."
31. We uphold the said contention and do not find any error in the impugned judgment of the High court whereby it has been held that the Commissioner while entertaining a complaint under Section 18 of the said Act has no jurisdiction to pass an order providing for access to the information."
In the given circumstances, the Commission finds that in the absence of any wilful or malafide denial or concealment of information by the Respondent, no action under Section 18 of the RTI Act is warranted in this case. The aforementioned three cases are disposed off accordingly.
CIC/NMCOM/A/2023/628343, CIC/NMCOM/A/2023/628395 Since appropriate information has already been furnished in these cases, as noted hereinabove, no further intervention is warranted under the RTI Act.
The cases are disposed off 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 7 of 7 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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