Guidelines regarding transfer of MBBS students from Ukraine to other country to complete remaining education - PIO: Queries raised by Foreign Medical Students from Ukraine & China have been uploaded on NMC website - CIC: Appropriate response provided
13 May, 2024Information sought and background of the case:
The Complainant filed an RTI application dated 20.12.2022 seeking information on following points:-
“Many Indian students pursuing MBBS from Ukraine returned to India due to war in Ukraine, which is governed by Screening Test Regulation, 2002. Please provide the guidelines/ clarification regarding allowed of transfer of these students from Ukraine to other country to complete their remaining education. An early reply is humbly requested.”
The CPIO, National Medical Commission vide letter dated 26.12.2022 replied as under:-
“It is informed that based on the queries raised by Foreign Medical Students from Ukraine & China FAQS dated 18th August 2022 have been uploaded on the National Medical Commission website www.nmc.org.in Copy of same is enclosed for your reference.”
Dissatisfied with the response received from the CPIO, the Complainant filed a First Appeal dated 10.01.2023. The FAA vide order dated 06.02.2023 upheld the reply of the CPIO.
Aggrieved and dissatisfied, the Complainant approached the Commission with the instant Complaint.
Facts emerging in Course of Hearing:
Complainant: Absent
Respondent: Smt Leena George, US, UGMEB
The Complainant remained absent during the hearing despite prior intimation.
Smt Leena George referred to her written submission dated 18.03.2024, the relevant extracts of which are as under:
“The undersigned is directed to refer to CIC Notice No. CIC/NMCOM/C/2023/607796 dated 04.03.2024 in the matter of Sh Vinod Kumar Sharma. The applicant has filed Second appeal dated 10.02.2023 against non providing of requisite information by National Medical Commission under RTI Act, 2005 in respect of the RTI application dated 20.12.2022.
2. The applicant had filed an RTI application NMCND/R/E/22/03308 dated 20.12.2022, which was replied through online mode on 26.12.2022. Meanwhile, the applicant had filed a First Appeal NMCND/A/E/23/00011 on 10.01.2023, which was replied by the First Appellate Authority, UGMEB through online mode on 06.02.2023. (Copy enclosed).
3. It is further informed that the foreign Medical graduates who have acquired a foreign medical degree or primary qualification, as the case may be, and the candidates who are pursuing their education in foreign institutions, prior to 18th Nov, 2021 are governed under Screening Test Regulation, 2002. There is no clause regarding transfer in the Screening Test Regulations, 2002. As such there are no restrictions on transfer so long as other criteria laid down in Screening Test Regulations, 2002 are fulfilled. (Copy enclosed). Further, it is also conveyed that all the important decisions taken by NMC, which is for the larger interest of public and stakeholder are uploaded in NMC website from time to time for their knowledge.
4. Foreign Medical Graduates Licentiate Regulations, 2021 was notified on 18.11.2021 and those foreign medical students, whose classes have been started after the publication of FMGL Regulation 2021 i.e. 18th November 2021, are covered under the provision of FMGL Regulation 2021. As per FMGL Regulation 2021, the entire course, training and internship or clerkship shall be done in the same foreign medical institution throughout the course of study and no part of training/internship shall be done from other institute. Hence, transfer is not allowed.
5. In addition, in order to address the queries of students regarding transfer due to war in Ukraine National Medical Commission has already issued a set of Frequently Asked Questions and their replies FAQs dated 18th August 2022 based on queries raised by Foreign Medical Students from Ukraine and China have also been uploaded on National Medical Commission website at www.nmc.org.in. (Copy attached).
6. However, from the RTI it was not clear which batch of MBBS degree is pursued by the applicant. Since the applicant had sought information regarding Screening Test Regulation vide the above RTI application, the requisite information available and as uploaded in the NMC website was provided.”
Decision
Keeping in view the facts of the case and the submissions made by the Respondent, the Commission is of the view that appropriate response in accordance with the provisions of the RTI Act, 2005 has been provided.
In a Complaint filed u/s 18 of the RTI Act, 2005 the Commission is only required to ascertain if the information has been denied with a malafide intent or due to an unreasonable cause. Furthermore, the legal position with regard to the powers of the Commission u/s 18 is no longer res integra since the pronouncement of the judgement of the Hon’ble Supreme Court in Chief Information Commissioner and Ors. v. State of Manipur and Ors, CIVIL APPEAL NOs.10787-10788 OF 2011 (Arising out of S.L.P(C) No.32768-32769/2010) decided on 12.12.2011 wherein it was held that Section 18 and 19 serve two different purposes and one cannot be a substitute for another. In the light of the above observations, the Commission is of the view that there is no malafide denial of information on the part of the concerned CPIO and hence no action is warranted under section 18 and 20 of the Act. Hence, no further intervention of the Commission is required in the instant Complaint which is dismissed accordingly.
The appeal is disposed of accordingly.
Heeralal Samariya
Chief Information Commissioner
Citation: Shri Vinod Kumar Sharma v. National Medical Commission, CIC/NMCOM/C/2023/607796; Date of Decision: 28.03.2024