CENTRAL INFORMATION COMMISSION Club Building (Near Post Office) Old JNU Campus,
New Delhi - 110067. Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/003715/17408
Appeal No. CIC/SG/A/2011/003715
Relevant Facts emerging from the Appeal:
Appellant : Mr. Janak Raj
R/o Sh. Layak Ram,
R/o: Kashital, P.O: Bahgwanpur, Distt.-Kurukshetra – 136156.
Respondent: Public Information Officer Indian Nursing Council,
Ministry of Health & Family Welfare, Combined Councils Building,
Kotla Road, Temple Lane, New Delhi – 110002.
RTI application filed on 07/06/2011
PIO replied: 28/06/2011
First appeal filed on: 28/06/2011
First Appellate Authority order : Not mentioned.
Second Appeal received on: 26/12/2011
Information Sought:
1. Provide the photocopy of all the files submitted for the recognition of ANM & GNM course by the
state Haryana, Distt. Kurukshetra in Bharat Nursing School.
2. Provide the videography of C.D. of the inspection before providing recognition to ANM & GNM
course.
3. Provide the name of officers along with their post & date of inspection.
4. Provide the name of principal & Lecturer along with their date of birth, date of joining, date of
registration if any, photocopy of appointment letter & resume.
5. Provide the photocopy of the rules & regulations authorized by Nursing Council of India for
recognition of ANM courses.
6. Is there any nursing council who is already running ANM courses can get recognition. If yes, under
which act of education rule it comes?
7. Can nursing school get recognition from the senior secondary schools. Yes/No.
8. Provide the information relating to student’s from the session year 2008-11 and 2009-12.
Reply of the Public Information Officer (PIO):
1. It is stated that INC gave the copy of the complete file/inspection report or other documents related to
Bharat Nursing School, Babain, Kurukshetra to third party because it is residential however above and
institution is inspected by INC on 21-22/02/2011 and on the basis of inspection report the said
institution is recognized by INC w.e.f. 15/03/2011 with intake of 30 (Thirty) Seats for ANM Course
and 50 (Fifty) Seats for GNM Course.
Grounds for the First Appeal: Unsatisfactory reply was provided to the appellant by the PIO.
Order of the First Appellate Authority (FAA): Not mentioned.
Grounds for the Second Appeal: Unsatisfactory Information was provided.
Relevant Facts emerging during Hearing: The following were present
Appellant: Mr. Janak Raj on video conference from NIC-Kurukshetra Studio;
Respondent: Absent;
The PIO has refused to give the information claiming that this is third party information.
Section-11 of the RTI Act is a procedure which has to be followed but after following the procedure that
PIO has to take a decision about disclosure of information based on the provisions of the RTI Act. If the
information is exempt under Section 8(1) of the RTI Act the PIO must justify this exemption and deny the
information. The Act does not give a veto to the Third party to deny information. In the instant case it
does not appears that any of the exemptions have been claimed for denying the information and hence the
denial of information is not as per the law.
Decision:The Appeal is allowed.
The PIO is directed to provide the information to the Appellant as per the records available before 15 March 2012.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
(In any correspondence on this decision, mention the complete decision number.) (PRE)
16 February 2012
Page 2 of 2
New Delhi - 110067. Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/003715/17408
Appeal No. CIC/SG/A/2011/003715
Relevant Facts emerging from the Appeal:
Appellant : Mr. Janak Raj
R/o Sh. Layak Ram,
R/o: Kashital, P.O: Bahgwanpur, Distt.-Kurukshetra – 136156.
Respondent: Public Information Officer Indian Nursing Council,
Ministry of Health & Family Welfare, Combined Councils Building,
Kotla Road, Temple Lane, New Delhi – 110002.
RTI application filed on 07/06/2011
PIO replied: 28/06/2011
First appeal filed on: 28/06/2011
First Appellate Authority order : Not mentioned.
Second Appeal received on: 26/12/2011
Information Sought:
1. Provide the photocopy of all the files submitted for the recognition of ANM & GNM course by the
state Haryana, Distt. Kurukshetra in Bharat Nursing School.
2. Provide the videography of C.D. of the inspection before providing recognition to ANM & GNM
course.
3. Provide the name of officers along with their post & date of inspection.
4. Provide the name of principal & Lecturer along with their date of birth, date of joining, date of
registration if any, photocopy of appointment letter & resume.
5. Provide the photocopy of the rules & regulations authorized by Nursing Council of India for
recognition of ANM courses.
6. Is there any nursing council who is already running ANM courses can get recognition. If yes, under
which act of education rule it comes?
7. Can nursing school get recognition from the senior secondary schools. Yes/No.
8. Provide the information relating to student’s from the session year 2008-11 and 2009-12.
Reply of the Public Information Officer (PIO):
1. It is stated that INC gave the copy of the complete file/inspection report or other documents related to
Bharat Nursing School, Babain, Kurukshetra to third party because it is residential however above and
institution is inspected by INC on 21-22/02/2011 and on the basis of inspection report the said
institution is recognized by INC w.e.f. 15/03/2011 with intake of 30 (Thirty) Seats for ANM Course
and 50 (Fifty) Seats for GNM Course.
Grounds for the First Appeal: Unsatisfactory reply was provided to the appellant by the PIO.
Order of the First Appellate Authority (FAA): Not mentioned.
Grounds for the Second Appeal: Unsatisfactory Information was provided.
Relevant Facts emerging during Hearing: The following were present
Appellant: Mr. Janak Raj on video conference from NIC-Kurukshetra Studio;
Respondent: Absent;
The PIO has refused to give the information claiming that this is third party information.
Section-11 of the RTI Act is a procedure which has to be followed but after following the procedure that
PIO has to take a decision about disclosure of information based on the provisions of the RTI Act. If the
information is exempt under Section 8(1) of the RTI Act the PIO must justify this exemption and deny the
information. The Act does not give a veto to the Third party to deny information. In the instant case it
does not appears that any of the exemptions have been claimed for denying the information and hence the
denial of information is not as per the law.
Decision:The Appeal is allowed.
The PIO is directed to provide the information to the Appellant as per the records available before 15 March 2012.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
(In any correspondence on this decision, mention the complete decision number.) (PRE)
16 February 2012
Page 2 of 2
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