Central Information Commission Judgements

Mr. Pankaj Jain, vs Pharmacy Council Of India. on 1 September, 2009

Central Information Commission
Mr. Pankaj Jain, vs Pharmacy Council Of India. on 1 September, 2009
             Central Information Commission
                                                                CIC/AD/A/2009/000954

                                                                Dated 1 September, 2009

Name of the Applicant                     :   Mr. Pankaj Jain,


Name of the Public Authority              :   Pharmacy Council of India.

Background

1. The Applicant filed his RTI application dated 31.12.08 with the CPIO
Pharmacy Council of India. Welfare seeking information against 6 points
including clarification regarding the Council’s position with regard to
admission of 10+2 from Open School to Pharmacy course for the purpose of

registration. The CPIO replied vide letter dated 12.01.09 enclosing therewith

circular no. 14-2/2006-5763-6337 dated 13.06.07 giving the eligibility criteria
for for admission to D Pharma Course. Point wise reply was supplied to each
of the query of the Applicant.

2. Being aggrieved by the CPIO’s reply , the Applicant filed a First Appeal dated
25.02.09 alleging that the reply furnished by the PIO was incomplete because
the circular provided was applicable only for D Pharmacy and not all
Pharmacy courses.. Information was sought with respect to the B Pharmacy
courses. It was further contended by the Appellant that the information
provided against remaining queries were irrelevant.

3. The Appellate Authority replied vide letter dated 02.04.09 stating that
information as was available in the official records, had already been provided
by the CPIO ,PCI. The Appellate Authority further stated that information
about action to be taken against defaulters was available with the Central
Council only. Accordingly the CPIO was asked to inform as to whether Council
decision was forwarded to all state pharmacy councils or not. Being
aggrieved by the response of the Appellate Authority , The Appellant
preferred a Second Appeal before the CIC on 13.05.09.

2. The Bench of Mrhe s. Annapurna Dixit, Information Commissioner, scheduled
the hearing on 1 September, 2009.

3. Mrs. Archna Mudgar, Registrar-cum-Secretary & PIO and Mr. M.D. Karvekar,
Appellate Authority represented thePublic Authority.

4. The Applicant Mr. Pankaj Jain was present though audio-conference

Decision

5. The Responded submitted that all available information has been provided to
the Appellant vide different communications dated 06.12.08 12.01.09 and
02.04.09 along with relevant circulars. The Appellant, however queried about
whether 10+2 from National Open School is permitted or not for admission
to B Pharmcy Courses. He was satisfied with the reply provided by the
Respondent. He however wanted to know what penalty is prescribed for
Institutions which have admitted students with National Open School
qualification.

6. The Commission directs the CPIO to provide further clarification on the point
related to ‘penalty’, to the Appellant by 15.09.09.

7. The appeal is accordingly disposed off.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G. Subramanian)
Assistant Registrar
Cc:

1. Mr. Pankaj Jain,
C/o suraj Bhan Om Prakash,
Kath Mandi, Rohtak,
Haryana, 124001.

2. The CPIO
Pharmacy Council of India,
Combined Councils’ Building,
Kotla Road, Alwan-E-Ghalib Marg,
New Delhi.

3. The Appellate Authority,
Pharmacy Council of India,
# 1449, Sector-7, 4th Main,
21st Cross, H.S.R. Lay out
Bangalore-560102.

4. Officer in charge, NIC

5. Press E Group, CIC