RTI Query - Who is eligible to handle critical care unit/neurosurgical ICU in a hospital?

Background

The appellant filed an application under Right to Information (RTI) Act, with the Medical Council of India seeking to know that a person holding MBBS degree from India and FCCP, American Board is eligible enough to handle Critical Care Unit/Neurosurgical ICU independently in India. The Public Information Officer (PIO) stated that what has been sought is not information as defined under 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. During the hearing the PIO stated that there is nothing on the record from which he can provide the information to the appellant. However, there is a method of determining the eligibility of the teacher’s qualification which he will explain to the appellant.

View of CIC

The Central Information Commission (CIC) rejected the appeal observing that no information as defined under 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 has been sought.

Comment

The appellant had raised a simple query and the PIO could have provided the copy of rules regarding the eligibility of a person to handle critical care unit/Neurosurgical ICU. If no rules regarding the subject were in existence, the same should have been communicated to the appellant.

Citation: Mr. Sudhir Kumar Thakur v. Medical Council of India, in Decision No. CIC/SG/A/2012/000229/19180