CENTRAL INFORMATION COMMISSION
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Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/002310/15340
Appeal No. CIC/SG/A/2011/002310
Relevant facts emerging from the Appeal:
Appellant : Mr. Abhishek Misra,
1/12 - A, First Floor,
Jangpura - A, New Delhi -110014.
Respondent : Central Public Information Officer,
Ministry of H&FW,
Board of Governors in Super - session of
MEDICAL COUNCIL OF INDIA,
Pocket - 14, Sector -8, Dwarka Phase - I,
New Delhi -110077.
RTI application filed on : 14-02-2011
PIO replied on : 29-03-2011
First Appeal filed on : 07-04-2011
First Appellate Authority order of : Not ordered
Second Appeal received on : 20-06-2011
Information sought:
S. No. Information sought. The PIO replied
1. A. Kindly provide the list of colleges which have been A & D.
issued notices during the academic years 2009-10, and List of colleges where
2010-11 for discharge of students, who have been discharge notice have been
admitted in violation of minimum eligibility norms issued by the Council For
prescribed by the the academic year 2009-10
Council under various Regulations. and discharge notice
withdrawn/students
B. Out of the above colleges, kindly provide the list of the discharged by the
colleges, which had filed writ petitions in Hon. Supreme Council/college authorities
Court / various Hon. High Courts against the notices / after taking into
orders of the Medical Council of India with regard to consideration of the
discharge of such students. submission/representation
made by the college
C. Kindly provide the Xerox Copies of all the orders authorities/students is
passed by Hon. Supreme Court / various Hon. High Courts enclosed herewith.
in all such above cases till date. However, with regard to
academic year 2010-11,
D. Kindly provide the fist of colleges, in which admissions such matter are under
of such students have been regularized by the Board of process so at present it is not
Governors, based upon submissions made by the college / possible for the PlO to
students from 15th July 2010 till date in respect of furnish the list for the
discharge notices issued by the Council for Academic academic year 2010-11.
years 2009-10 & 2010- 11. B&C
As per information
available, no college has
E. Kindly provide Xerox Copies of the file noting of all filed writ petitions in
cases in which: Hon'ble Supreme
(a) Decision was taken by the Board of Governors to Court/Hon. High Courts
regularize such admissions for Academic years 2009- 10 & against the notices/orders of
2010-11 in which notices were issued by the Council to the Medical Council of India
discharge the students who were admitted even though with regard to discharge of
they did not fulfill the minimum eligibility norms as students during the
prescribed under various Regulations; and academic year 2009-10 and
(b) Decision was taken by the Board of Governors Not to 2010-11 till date.
regularize such admissions for Academic Years 2009- 10
& 2010-11 in which notices were issued by the Council to
discharge the students who were admitted even though
they did not fulfill the minimum eligibility norms as
prescribed under various Regulations. E.
(c) In the colleges covered under E (b) above, whether any This is not an information
compliance has been received from the respective defined under 2(f) of the
Universities I Directors of medical Education / Medical RTI Act, 2005.
Colleges? Kindly provide Xerox copies of letters received
from the respective Universities / Directors of medical
Education / Medical Colleges conveying compliance of
discharge of students.
(d) In the colleges covered under E (b) above, kindly,
provide information about the steps taken by the Council to
ensure compliance of discharge of students. If the
compliance is not received from the respective Universities
I Directors of medical Education / Medical Colleges,
please provide copies of letters written by the Council to
the respective Universities / Directors of medical
Education Medical Colleges for ensuring compliance of
discharge of students.
(e) In the colleges covered under E (d) above, please
provide information, whether these students have been
enrolled by the respective Universities. If so, then kindly
provide the Xerox copies of the correspondence of the
Council with the respective Universities with regard to the
discharge of students and the steps taken by the Council
against the respective ensuring compliance
f. Information is required AD or Speed Post.
Grounds for the First Appeal:
Unsatisfactory reply was received by the appellant.
Order of the First Appellate Authority (FAA):
No order was passed by the FAA.
Ground of the Second Appeal:
The appellant was not satisfied with the PIO and no order was passed by FAA.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Mr. Amit Jagga, Advocate on behalf of the Appellant
Respondent: Dr. Reena Nayyar, Dy. Secy, Medical Council of India; Mr. Sujit Prasad, Legal
Retainer, Medical Council of India
Mr. Jagga sates that with respect to his query ‘E’ the Respondent had stated that it is not information
as defined under Section 2 (f) of the RTI Act.
File Notings are certainly information as defined under Section 2 (f) of the RTI Act. The Respondent
submits that the RTI Application there were no file notings as on date of the RTI Application.
Decision:
The Appeal is disposed.
The information available on records appears to have been provided.
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
27th October 2011
(In any correspondence on this decision, mention the complete decision number. (BK))