Central Information Commission Judgements

Mr.T.R.Udayakumar vs Indian Nursing Council on 15 April, 2009

Central Information Commission
Mr.T.R.Udayakumar vs Indian Nursing Council on 15 April, 2009
               Central Information Commission
                                                               CIC/AD/A/09/00257
                                                                Dated April 15, 2009

Name of the Applicant                    :   Mr.T.R.Udayakumar

Name of the Public Authority             :   Indian Nursing Council

Background

1. The Applicant filed an RTI application dt.6.6.08 with the CPIO, INC. He
requested for the following information:

i) Names of the Principal, Vice Principal and teaching faculty of each
college of nursing with qualification and experience if any possessed by them.

ii) Names of the inspectors who had inspected the above mentioned
nursing colleges including UG and PG courses to accord recognition of the
respective nursing colleges

iii) The qualification criteria so far followed in the appointment of
inspectors who had inspected in this regard to recognize the above mentioned
colleges and also the criteria to be followed in future in the appointment of
inspectors for the recognition purpose.
The Secretary instead of the CPIO replied on 20.7.08 requesting the Applicant
to specify the names of nursing colleges. Not satisfied with the reply, the
Applicant filed an appeal dt.8.9.08 with the Appellate Authority. The Asst.
Secretary instead of the Appellate Authority replied on 20.7.08 stating that
reply had already been sent on 20.7.08. Aggrieved with this reply, the
Applicant filed a second appeal dt.22.1.09 before CIC.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for April 15, 2009.

3. Ms. VVA Lakshmi, Advocate for INC and Mr. Amit Kumar Mittal represented
the Public Authority.

4. The Applicant was present during the hearing.

Decision

5. The Appellant submitted that the CPIO’s suggestion that the Appellant submit
names of 885 nursing colleges (increased to 1039 +152 colleges conducting
PG programmes) is not valid as it is the Council which recognizes the nursing
colleges and therefore, should be possessing a list of such recognized
Institutions. The Respondents stated that they were not in a position to
provide any clarification since the CPIO is on leave . In these circumstances
the Commission directs the CPIO to provide all the information to the
Appellant by 5th May, 2009 and also directs him to comply with Section 4(2)
and to put up all the information on the Council’s web site, and to send a
compliance report to the Commission.

6. The CPIO is directed to show cause as to why a penalty of Rs.250/- per day
should not be imposed on him for not providing the information within the
mandatory period. The response to reach the Commission within 15 days of
receipt of this Order.

7. The appeal is disposed off
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G.Subramanian)
Asst. Registrar
Cc:

1. Mr.T.R.Udayakumar
S/o G.Rajamanickam
R/o Plot No.2, Block 5B
Harini Paradise, 25th Street
Asthalakshmi Nagar
Alapakkam
Chennai 600 106

2. The CPIO &
Indian Nursing Council
Combined Councils Building
Kotla Road, Temple Lane
New Delhi 110 002

3. The Appellate Authority
Indian Nursing Council
Combined Councils Building
Kotla Road, Temple Lane
New Delhi 110 002

4. Officer in charge, NIC

5. Press E Group, CIC