Central Information Commission Judgements

Shri.Nitesh Kumar Tripathi vs Medical Council Of India on 24 October, 2011

Central Information Commission
Shri.Nitesh Kumar Tripathi vs Medical Council Of India on 24 October, 2011
                        CENTRAL INFORMATION COMMISSION
                            Club Building (Near Post Office)
                          Old JNU Campus, New Delhi - 110067
                                 Tel: +91-11-26161796

                                                           Decision No. CIC/SG/A/2011/001899/15288
                                                                   Appeal No. CIC/SG/A/2011/001899

Relevant Facts

emerging from the Appeal:

Appellant                           :       Mr. Nitesh Kumar Tripathi,
                                            R.No. 101, Boys Hostel,
                                            UP Rural Instt. Of Medical
                                            Sciences & Research, Saifai,
                                            ETAWAH-206301 (UP).

Respondent                          :       Public Information Officer
                                            Medical Council of India,
                                            O/o The Joint Secretary,
                                            Pocket - 14, Sec - 8,
                                            Dwarka Ph - I, New Delhi - 110077..

RTI application filed on            :       05/04/2011
PIO replied                         :       24/05/2011
First appeal filed on               :       10/05/2011
First Appellate Authority order     :       Not Given
Second Appeal received on           :       19/07/2011

Information sought:-

1. How many types of new courses have been started by MCI in medical field at present?

2. If a person uses a fake caste certificate and got medical degree then what kind of action can be
taken for punishing him and where such kind of complaints may be filed?

3. Please provide me faculty positions in Govt. sector medical colleges in U.P and Delhi at present?

PIO response:-

1. Please find enclosed herewith Gazette, notification No. MCI-18(1)/2010-med/45048, dated 8th
December, 2010 in this regard.

2. The matter is outside the purview of the Medical Council of India.

3. You are requested to approach to concerned medical college for the desired information.

4. The list of recognized medical colleges with intake capacity is available on the MCI Website. You
may download the same by accessing the MCI Website i.e. https:// www.mcjindia,org. However, a
copy of the same is enclosed herewith for your ready reference.

5. The details of amount spent by MCI towards Travel expenses on meetings, visit and inspections
since 2006 to 2011.

          • 2006-07          -      Rs. 3,66,03,595/-
          • 2007-08          -      Rs 4,11,60,721/-.
          • 2008-09          -      Rs. 5,48,67,233/-
          • 2009-10          -      Rs. 6,90,80,339/-
          • 2010-11          -      Rs. 10,95,61,312/-


                                                                                             Page 1 of 2
 Grounds for the First Appeal:

Unsatisfactory information was given by the PIO.

Order of the First Appellate Authority (FAA):

No order had passed by First Appellate Authority.

Grounds for the Second Appeal:

Unsatisfactory reply received by the Appellant and no order had passed by FAA.

Relevant Facts emerging during Hearing:

The following were present
Appellant : Mr. Nitesh Kumar Tripathi on video conference from NIC-Etawah Studio;
Respondent : Absent;

The Appellant states that information regarding query-3 is available with the Medical Council of
India (MCI) and the PIO has refused to give the information without giving any reasons. He also states
that the Director of his Institute had told him in April 2011 that he should not file any RTI applications
with the MCI since it affects the reputation of the college with MCI. The Commission warns all public
authorities not to bring any pressure on RTI applicants to dissuade them from exercising their
fundamental right.

Decision:

The Appeal is allowed.

The PIO is directed to provide the information on query-3 to the Appellant before
20 November 2011.

This decision is announced in open chamber.

Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.

Shailesh Gandhi
Information Commissioner
24 October 2011
(In any correspondence on this decision, mention the complete decision number.) (HA)

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