In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000544
File No: CIC/AD/A/2011/000813
Date of Hearing : May 20, 2011
Date of Decision : May 20, 2011
Parties:
Appellant
Shri Vijay K Gulhane
C/o Manish V Gulhane
Takiya, Behind Ambadevi Temple,
Amravati
The Appellant was not present.
Respondents
Medical Council of India
Pocket No. 14, Sector 8
Dwarka Phase 1,
New Delhi
Represented by: Dr. Reena Nayyar, Deputy Secretary, Shri Shikhar Ranjan, Law Officer and Manoj
Pant, Advocate
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000544
File No: CIC/AD/A/2011/000813
ORDER
Background
1. The Applicant, through his RTIapplication dated 02.09.2010, wanted to obtain from the PIO, MCI
copies of the ‘Aforms’ and ‘B forms along with its enclosures submitted to the MCI Inspectors for
MCI Inspection by Dr. Panjabrao alias Bhausaheb Desmukh Memorial Medical College, Amravati in
2010. The PIO, on 13.10.2010, informed the Applicant that the information sought by him pertains to
a private Medical College that has objected to its disclosure when consulted. The Applicant, being
aggrieved with the PIO’s reply, filed his first appeal with the Appellate Authority (AA) on
27.10.2010 which, according to the Applicant, had not been replied to by the AA. The Appellant,
thereafter, filed the present appeal before the Commission on 25.11.2010 requesting for the
disclosure of information.
Decision
2. During the hearing, the Respondents produced a letter dated 01.10.2010–addressed to the
PIO, MCI– from Dr. P.D.M.M.C., Dean, Dr. Panjabrao alias Bhausaheb Desmukh Memorial Medical College,
Amravati, which made a mention of a decision dated 30.06.2009 of State Information Commissioner of
Maharashtra Amravati, with reference to judgment of writ petition no. 5666/2007 High Court Bombay
Bench Nagpur, holding that it is not binding on the part of private unaided Institutions to provide
the information under the RTIAct.
3. In view of the fact that the information herein rests with a Medical college which is decidedly a private
unaided institution and since the law in this connection has already been settled the College is not
obliged to give information under the RTIAct. Hence the present appealpetitions cannot be allowed.
4. Case is thus closed.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Vijay K Gulhane
C/o Manish V Gulhane
Takiya, Behind Ambadevi Temple,
Amravati
2. The Appellate Authority
Medical Council of India
Pocket No. 14, Sector 8
Dwarka Phase 1,
New Delhi
3. The Public Information Officer
Medical Council of India
Pocket No. 14, Sector 8
Dwarka Phase 1,
New Delhi
4. Officer Incharge, NIC