Central Information Commission
CIC/PB/C/2008/555/AD
Dated November 27, 2008
Name of the Appellant : Dr.Suresh Gupta
Mahavir Hospital
Surajpol, Gopal Bagh Road
Udaipur 313 001
Name of Public Authority : The CPIO
Ministry of Health & Family
Welfare
National Board of Examination
PSP Area
Sector-9
Dwarka, New Delhi
Background
1. The RTI application was filed on 2.1.08. The Appellant stated that he
had appeared for a screening test for registering in the Medical Council
of India after receiving an MBBS degree in Britain. The Appellant in
particular wanted information against 21 points related to the
screening test. The CPIO on 10.3.08 transferred the application to the
National Board of Examinations for response. On not receiving any
reply from National Board of Examinations, the Appellant filed his first
appeal on 12.2.08 reiterating his request for the information. The
National Board of Examinations on 26.2.08 provided some information
in which it stated that queries 1-9 are abstract and provided answers
for questions 10-21. The Appellant filed his second appeal before the
CIC on 23.5.08.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner,
scheduled the hearing for November 27, 2008.
3. Mr. Rakesh Gosain, (Advocate for NBE) represented the Public Authority.
4. The Appellant and the Respondent was not present during the hearing.
Decision
5. The Respondent submitted that many candidates who obtain degrees
from Russia and CIS countries and who appear for the test held by NBE
to be registered with MCI are not qualified to be Doctors since they get
their degrees from Colleges/Institutes which fall below the Indian
Standards. He stated that FMGE screening test has multiple choice
questions and that the key lies with the NBE and that the answer sheets
are evaluated by the computer which scan them and then categorizes
them into those above 50% and below 50% marks. Verification is done
by the experts manually on a random basis. The screening test which is
required to be undergone by the candidates is the same as that
conducted by AIIMS for candidates desirous of admission to post
graduate courses in the Institute. The question papers cannot be
revealed to the public since the subject being so technical, the questions
are limited in number and are repeated often. Also to maintain a high
standard, the questions are prepared after getting inputs from different
Hospitals/Colleges and then are selected by a group of experts. The
Respondent also pointed out that whereas all other exams are
undertaken to seek admission to a study offered by the Institution, the
FMGE examination is conducted by the Board in public interest to screen
the academic competence of the Doctor who is entrusted with the lives
of prospective patients.
6. The Commission reviewed the information provided against the 21 points
in the Appellant’s RTI application. The Commission noted that the CPIO
is justified in not providing information against the first 10 points since
they are hypothetical questions and not covered under the definition of
‘information’ given in the RTI application. For example some of the
questions asked by the Appellant are as follows:
(i) The reasons for not providing us with the questions paper after
the screening test.
(ii) Why do you ask post graduate level questions in the screening
test for under graduate candidates?
(iii) Why do you ask questions in the screening test from outside the
syllabus given in the information bulletin?
(iv) Why are some questions asked on same subject leaving out
other subjects?
(v) Why are students not being allowed to take away question
papers after the exam?
7. The Commission holds that the NBE is not obliged to provide opinions
on matters such as those asked against 1 to 11 since they do not
come under the definition of “information” as given in the RTI Act.
8. The Commission also holds that the disclosure of question papers to the
Appellant is exempted under Section 8 (1) (d) of the RTI Act since the
papers are prepared after an intensive consultative process while
paying attention to the quality of questions and other security
measures in the light of the fact that questions are limited, with the
subject being so technical.
9. The appeal is rejected.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(K.G.Nair)
Designated Officer
Cc:
1. Dr.Suresh Gupta
Mahavir Hospital
Surajpol, Gopal Bagh Road
Udaipur 313 001
2. The CPIO
Ministry of Health & Family Welfare
National Board of Examination
PSP Area
Sector-9
Dwarka, New Delhi
3. The Appellate Authority – RTI
Ministry of Health & Family Welfare
National Board of Examination
PSP Area
Sector-9
Dwarka, New Delhi
4. Officer incharge, NIC
5. Press E Group, CIC