Central Information Commission
CIC/AD/C/2009/000727
Dated 18 September, 2009
Name of the Applicant : Mr. Neeraj Thakur
Name of the Public Authority : M/o Health & Family Welfare
Background1. The Applicant filed his RTI application on 21.05.09 with the CPIO, Department
of AYUSH, M/o Health & Family Welfare, New Delhi requesting for information
against 4 points related to the recommendation of the Justice Rajender
Sachhar Committee’s Report prepared in November 2006. The Applicant
sought information relating to the qualifications related to the medical
profession considered essential for the establishment and functioning of
professional colleges [Ayurveda], particularly the colleges catering to the
minorities, data about the number of Ayurvedic colleges in India set up and
running with the approval of the State and the Central Government under
provisions of the Section 30(1) as also information about number of Christian,
Muslim or Sikh Institutions having been approved by the State or Central
Government etc.
2. The CPIO replied on 02.06.09 returning the Postal order with a request that
the RTI fees be deposited as Cash or in the form of Bank Draft or IPO. On
18.06.09 the CPIO transferred the Second RTI application dated 05.06.09 to
the CPIO CCIM with the request to provide the information directly to the
Appellant. The request was also transferred to Department of AYUSH by the
Under Secretary to the Government of India on 22.06.09. Being aggrieved at
not receiving any reply, the Appellant filed his complaint before the CIC on
17.07.09 requesting for the information.
3. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing on 18 September, 2009.
4. Smt. Sunita Sharma, U.S. and APIO represented the Public Authority.
5. Mr. Mohd. Tahir represented the Appellant during the hearing.
Decision
6. The Appellant stated that he has not received any information either from the
CCIM or the Department of Ayush. The Respondent from the Department of
Ayush submitted that the request was transferred to the CCIM as the CCIM is
the Statutory Regulatory Authority who is the custodian of the information
sought. She added that while the M/o Health & Family Welfare is responsible
at present for approving setting up of new colleges, before 2003 it was the
CCIM which approved the setting up of such colleges. The Respondent’s
contention was that CCIM holds the information. In the light of the
submissions of both sides the Commission directs the CPIO, CCIM to provide
the required information by 10.10.09 and also to Show Cause why a penalty
of Rs.250/- per day should not be imposed upon him for not furnishing the
reply to the Appellant within the statutory period, after the RTI request was
transferred to CCIM on 26.06.09. The response to reach the Commission by
10.10.09. The Respondent also submitted that as far as she knows, the
Department of Ayush does not maintain Religion-wise information as sought
by the Appellant. However she stated that efforts will be made to compile
such information. In the event such information cannot be compiled, the CPIO
Department of Ayush to inform the Appellant in writing that they do not
maintain such information.
7. The appeal is accordingly disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Assistant Registrar
Cc:
1. Mr. Neeraj Thakur,
Admn. Officer, Exalt Aviation Academy,
17, New Survey Road,
Dehradun-248001.
2. The CPIO
M/o Health & Famil Welfare,
Deptt. Of AYUSH,
IRCS Building, Red Cross Road,
New Delhi.
3. Officer in charge, NIC
4. Press E Group, CIC