Mr.Abhishek Misra vs Medical Council Of India on 28 October, 2011

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Central Information Commission
Mr.Abhishek Misra vs Medical Council Of India on 28 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/2011/002503 & 2504/15355
                                                            Appeal No. CIC/SG/A/2011/002503 & 2504

Relevant Facts

emerging from the Appeal:

Appellant                           :       Mr Abhishek Misra,
                                            1/12-A Ist Floor,
                                            Jangpura A,
                                            New Delhi-110014.
                                            Ph - 09999228500.

Respondent (1)                      :       Public Information Officer
                                            Medical Council of India,
                                            O/o The Dy. Secretary,
                                            Pocket - 14, Sec - 8,
                                            Dwarka, New Delhi - 110077.

Respondent (2)                      :       Public Information Officer
                                            Medical Council of India,
                                            O/o The Asstt. Secretary,
                                            Pocket - 14, Sec - 8,
                                            Dwarka, Ph -I ,
                                            New Delhi - 110077.

Respondent (3)                      :       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            :       08/03/2011
PIO replied (1)                     :       13/04/2011
PIO replied (2)                     :       11/04/2011
PIO replied (3)                     :       19/04/2011
First appeal filed on               :       02/05/2011
First Appellate Authority order     :       Not Given
Second Appeal received on           :       08/09/2011

Information sought: -

1. Whether any application has been received in Medical Council of India for increase of seats in
M.B.B.S course since August 2004 till May 2010?

(a) If yes, kindly provide information as to how many applications have been received in
Medical Council of India for increase of seats in M.B.B.S course since August 2004 till May
2010?

(b) Provide information as to out of the above applications, in how many cases were the

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applications received even when the institute was not recognized I approved for M.B;B.S. course?

(c) Out of the above applications, in how many cases were the applications considered by the
MCI and the inspections were carried out for increase of seats in M.B.B.S. course even when the
institute was not recognized / approved for M.B;B.S. course?

(d) Out of the above applications, in how many cases were the positive recommendations were
made by the MCI to the Central Government for increase of seats in M.B;B.S. course even when
the institute was not recognized I approved for M.B.B.S. course?

2. Whether any application has been received in Medical Council of India for increase of seats in
M.B.B.S course since June 2010 –till date?

(a) If yes, kindly provide information as to how many applications have been received in the
Medical Council of India for increase of seats in M.B.B.S. course during the period from June
2010– till date?

(b) Kindly provide information as to out of the above applications, in how many cases were
the applications received even when the institute was not recognized / approved for M.B.B.S.
course?

(c) Kindly provide information as to Out of the above applications, in how many cases were
the applications considered by the Board of Governors and the inspections were carried out for
increase of seats in M.B;B.S. course even when the institute was not recognized / approved for
M.B.B.S. course?

(d) Kindly provide information as to out of the above applications, in how many cases have
the positive decisions been taken by the Board of Governors to sanction increase of seats in
M.B;B.S. course even when the institute was not recognized I approved for M.B;B.S. course?

3. Information is required by Registered AD or Speed Post.

PIO response of 11/04/2011:-

In this regard, it is to inform you that the information sought by you is voluminous in nature.
The collection of such information would lead to disproportionate diversion of resources of Medical
Council of India. Therefore, you are requested to inspect the Council record in any working day i.e.
Monday to Friday between 3 pm to 5 pm. with prior intimation to the Council and collect the relevant
information as sought by you in your application.

PIO response of 13/04/2011:-

With reference to your application dated 08.03.2011, wherein you have sought various
information from the Council under RTI Act, 2005. In this regard, it is to inform you that the information
sought by you is voluminous in nature. The collection of such information would lead to disproportionate
diversion of resources of Medical Council of India. Therefore, you are requested to inspect the Council
record in any working day i.e. Monday to Friday between 3.00 P.M. to 5.00 P.M with prior intimation to
the Council and collect the relevant information as sought by you in your application.

PIO response of 19/04/2011:-

Answer no. 1, 2 & 3 :- The information/documents desired by you are too much immense &
voluminous and hence you are requested to inspect the council- record at council office during working
days between 3.00 pm to 5.00 pm with prior intimation to the Council.

Grounds for the First Appeal:

Unsatisfactory information was given by the PIO.

Order of the First Appellate Authority (FAA):

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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 on
Appellant: Mr. Vinod Kumar on behalf of Mr. Abhishek Misra
Respondent: Mr. Sujit Prasad, Retainer Advocate, MCI Dwarka and Mr. Anil Kumar representing the
PIO Sh. Shikhar Ranjan.

The PIO has given certain information and has asked the Appellant to inspect the record as the
information is not available in a compiled format and is spread over 3900 files.

Commission’s Decision
The Appeal is disposed.

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
28 October 2011

(In any correspondence on this decision, mention the complete decision number.)(GS)

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