Part information regarding admission process for PG seats at a Medical College was denied - Appellant: violation of admission rules by exceeding the Management quota alleged - CIC: intimate the factual position regarding the case pending with Patna HC

Information regarding admission process for PG seats at a Medical College was sought - part information was provided & rest denied stating they are in the nature of eliciting opinion - Appellant: College is violating the admission rules by exceeding the Management quota - PIO: matter is presently subjuidce in Patna High Court - CIC: intimate the factual and current position of the matter

ORDER

2. The Appellant through an RTI application dated 13.02.2013, filed before the CPIO, Medical Council of India, New Delhi, sought certain information on the subject: “Irregularity in admission process for PG seats at Katihar Medical College (KMC), Katihar,”

This application included queries, such as

·         what is the meaning of admission against casual vacancy for various PG courses as mentioned in the letter dated 19.07.2012 of KMC, Katihar sent to MCI with subject ‘furnishing the information of the students admitted in PG courses at KMC during academic year 201213’;

·         The names of students sent by KMC by letter dated 19.07.2012 and 25.06.2011 for admission to MCI for various PG courses for the year 2012 and 2011 respectively;

·         whether there is excess admission under management quota against the state Government quota;

·         what is the time duration within which the discharge notice has to be issued to the students admitted in excess under management quota by KMC, Katihar and so on.

3. The CPIO vide his letter dated 12.03.2013 gave point wise reply to the Appellant. In response to point Nos. 2, 4, 5 & 6 of the RTI application, he furnished a copy of letter dated 09.03.2012 to the Appellant. As for the remaining points, he stated that the queries mentioned in these points are in the nature of eliciting opinion and that therefore they do not constitute information as defined in section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act.

4. Aggrieved by this reply, the Appellant filed an appeal dated 08.04.2013 before the Appellate Authority which the Appellate Authority decided vide his order dated 07.05.2013 holding that the CPIO has provided the maximum information as per the available records.

5. During the hearing, the representative of the Appellant alleges that the Katihar Medical College is violating the admission rules by exceeding the Management quota, but the MCI, which is a regulatory body over all medical colleges, is not taking any action against them. The Respondents submit that the matter is presently subjuidce in Patna High Court and that the Katihar Medical College has also challenged the applicability of MCI regulation to them before the court. They thus express their inability to provide any further information to the Appellant beyond what has already been provided to him. Moreover the queries of the Appellant are more in nature of seeking opinion of the public authority rather than specific material information as defined in section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act.

6. Having heard the submission and perused the records, the Commission hereby directs the CPIO to furnish an appropriate reply to the Appellant apprising him of the factual and current position of the matter within 2 weeks of receipt of this order.

(Sushma Singh)

Chief Information Commissioner

Citation: Shri Kaushlendra Kumar v. Medical Council of India in Case No.CIC/LS/A/2013/001377SS