Central Information Commission
CIC/PB/C/2008/00003/AD
Dated October 27, 2008
Name of the Appellant :Mrs. Meera Jhangiani,
Flat No.105, 2nd Floor, Sector 14,
Pocket-B, Phase II, DDA MIG Flats,
Dwarka, Delhi-110075
Name of Public Authority :The Addl. Secretary & PIO,
Medical Council of India,
Pkt. 14, Sector 8,
Dwarka,
New Delhi-110077
Background
1. The RTI application was filed on 27.6.08. The Appellant requested for
information against 7 points in her letters/grievances dated 15.4.08,
28.4.08 and 3.5.08 to the Secretary, Medical Council of India. The
CPIO, Medical Council of India replied on 10.7.08 stating that all the
three letters of the Appellant were considered by the Chairman, Ethics
Committee and it was noted that the matter with regard to Homeopathy
system of medicine does not come under the purview of the Medical
Council of India. The CPIO directed the Appellant to approach the
Central Homeopathy Council in Janakpuri, New Delhi in this regard. The
Appellant filed his first appeal on 15.8.08 in which he reiterated his
request for the information. The Appellate Authority replied on 21.8.08
stating that MCI’s regulations are applicable only to Physicians/Hospitals
related to the Allopathic System of Medicine. The second appeal was
filed before the CIC on 28.8.08.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, heard
the matter on October 27, 2008.
3. The Appellant was present at the hearing in person.
4. Dr. P. Kumar, Addnl. Secretary and PIO, and Dr. J.S. Bhasin
represented the Public Authority.
Decision
5. The Respondents submitted that the Medical Council of India has no
jurisdiction over the Homeopathy clinics and therefore they are not in a
position to obtain the records of the Appellant’s late husband from the
Bakson’s Homeopathy Clinic which was the subject of the three letters
written by the Appellant to the Medical Council of India. The Appellant
insisted on getting information against all the 7 points that he had
mentioned in his RTI application.
6. The Commission directs the CPIO, Medical Council of India to provide
the Appellant with a certified letter stating that the Medical Council of
India (MCI) has no jurisdiction over any Homeopathy Clinic in the
country and that the circular which they had issued regarding giving
details for the patient’s treatment to the Appellant or to the relatives
within 72 hours of the discharge of the patient, is only meant for the
hospitals practicing allopathic system of medicine.
7. The Commission also directs the CPIO, MCI to transfer the RTI
application dated 10.7.08 to the Central Homeopathy Council within 5
days of receipt of this Order.
8. A certified copy of the circular/notification by the MCI which was
mentioned in the news item published in the Times of India dated
26.6.08, also to be provided to the Appellant .
9. All information to be provided to the Appellant within 10 days of receipt
of this Order.
10. The appeal is disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(K.G.Nair)
Designated Officer
Cc:
1. Mrs. Meera Jhangiani, Flat No.105, 2nd Floor, Sector 14, Pocket-B, Phase
II, DDA MIG Flats, Dwarka, Delhi-110075
2. The Addl. Secretary, & Public Information Officer, Medical Council of
India, Pocket-14, Sector 8, Dwarka, New Delhi-110077
3. The Appellate Authority – RTI, Medical Council of India, Pocket-14,
Sector 8, Dwarka, Phase-I, New Delhi-110077
4. Officer in charge, NIC
5. Press E Group, CIC