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Nitish Sancheti

I need help in forming the question for RTI application to MCI.

The information i need is:

 

I request you to provide me with information whether in taking a transfer in 2nd year MBBS after passing 1st year of MBBS, from private to government medical college, both affiliated to MUHS,Nashik, the whole course fees of MBBS is to be paid to the private medical college, even though a person studies only 1st year of MBBS in private college.

 

Please provide me with a certified photocopy of the rule stating whether a person has to pay the whole course fees of MBBS of private medical college before taking a transfer in 2nd year MBBS in another government medical college.

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Sunil Ahya

> By the way, the Madras High Court judgment on the above link, is applicable only to the State of Tami Nadu and not to the State of Maharashtra, and as such, you can try and seek refund from the said college in Maharashtra State on the basis of information obtained from the Medical Council of India (MCI).

First obtain the required information by filing a RTI Application with the Public Information Officer (PIO) of MCI, and then pursue with the college on the basis of the information so obtained, please refer to the following link for a list of PIOs of MCI, with whom you need to file your RTI Application for seeking information:

 

(
Please Note
- that if you are not able to understand as to which particular PIO from the list of PIOs given on the following link, is applicable for your purpose, simply file your RTI Application with one of the PIOs, and it is his duty to transfer your RTI Application to the correct PIO in-accordance with section 5(4) read along with section 6(3) of the RTI Act)

 

LINK to the list of MCI PIOs -
Officers Under RTI Act

 

 

> Also, simultaneously you can file a complaint with the MCI and narrate the exact problem faced by you (make your complaint very brief, precise & point-wise),

The complaints / representations can be sent by post to the Deputy Secretary (Grievances Cell), Medical Council of India, Pocket-14, Sector-8, Dwarka Phase -1, New Delhi - 110077.

 

Mail the complaint by Speed Post, track the delivery status of your complaint letter on Indiapost website on internet, and when the status shows 'Delivered', take a hard copy print out of the Track Report or save a soft copy of the same in pdf format on your computer as a 'Proof of Delivery' of your complaint letter.

 

Wait for 7 to15 days, and then file a RTI application to seek information on the action taken status of your complaint letter dated: XXXX, enclose a photocopy of complaint letter as well as a photocopy of the proof of delivery of your complaint.

 

For help on drafting a RTI application, please refer to the following link:

 

Anything Pending with Govt ?

 

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Nitish Sancheti

thanks Ambarish

 

thanks abhi.

I have already filed an RTI application.Is it possible to file a complaint to the MCI now ?

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Nitish Sancheti

I had already filed an RTI Application but did not receive any reply within 30 days.So there is a possibility that there is no such rule regarding the fees issue. So I am filing 1st Appeal.How should I draft the 1st Appeal in order to ensure positive response from MCI.

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Prasad GLN

First read the prospectus of the Private college and remember as to whether you have given an undertaking (Normally all Private colleges are stipulating the clause of leaving the course in the middle and NCDRC has also accepted the stand of private colleges, that they can not admit new student in middle of the course and thus they are deprived of legitimate fees due) As far as I know, MCI can not interfere in fee structure in Private colleges. State Govt., may stipulate maximum fees.

Filing first appeal is simple. Use this simple format.

First Appeal dt.................under RTI Act filed

Before First Appellate Authority, Medical Council of India, New Delhi by

Appellant:..........................................

 

Grounds for first appeal: Appellant has filed application seeking information under RTI Act on........... with RTI fees and till the date of filing this appeal, CPIO has neither provided the information nor denied with any reasonable exemptions mentioned under RTI Act.

Hence this first appeal on grounds of deemed refusal to provide information.

PRAYER; CPIO may be directed to provide the information as expeditiously as possible.

Place

11th Oct, 13............................Appellant.

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Nitish Sancheti

I have received a reply for my RTI application from MCI. The reply was-

You may kindly refer to chapter of migration in the Graduate Medical Education Regulation,1997 as

amended from time to time which is available on MCI'S website - Official Website of Medical Council of India .

I have searched this website for the fees issue, but there were only transfer rules stated.There was no specification about fees payment to private colleges. So I am filing a first appeal,Please let me know what prayer should I write to the FAA and on what grounds should I file this first appeal.

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File a first appeal on the grounds of "misleading and incorrect information".

Attach the printout of the entire regulations.

Pray that:

1. Correct and to the point information be provided to you.

2. PIO should be directed to inform you in which para of those rules is the "information" sought by you available

etc

etc

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Nitish Sancheti

Thank u for your reply..

 

In my RTI application to MCI, i had not mentioned the name of the private medical college from which i had taken a transfer. Should i mention the name of the private college in the first appeal? I am concerned that mentioning the name of the private medical college would involve it as a third party & the college might try to exempt itself from the RTI Act. Should i file the first appeal mentioning "private medical college" ?

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ambrish.p

Dear Member

 

a. Your application was related to info/copy of rules. You were seeking copy of rules, which has not been supplied to you.

 

b. Your FA needs to be focused on supply of complete and correct info only, it has nothing to do with your transfer case or any private college.

 

Regards

Ambrish

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Nitish Sancheti

As suggested, I had filed first appeal to MCI. I have received the following reply from the First Appellate -

 

'It has been observed by me that after receiving your application a reply of the same has been sent to you by PIO [Please refer the above post for reply sent by PIO]. The said detailed reply has been sent by him as per available records.

 

It has also been noted that reply of your application has been sent to you as per provisions of RTI Act.Your present appeal is not maintainable at this stage and you are,further requested to kindly go through the information submitted by PIO. A on today, no information is pending on the part of MCI.Every information available stands conveyed to you.

 

In view of the above mentioned facts and the information earlier sent to you, the present appeal preferred by you is accordingly disposed of.'

 

Should I file second appeal, as till date the query has not been resolved. And, if I need to file second appeal, kindly provide me format for the same.

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Nitish Sancheti

Please could you explain what do we write for the sub heading 'Name of Public Authority' ​in the second appeal format ?

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Sunil Ahya

Please check the website of the Public Authority for its name.

 

I suppose the abbreviation "MCI" suggests that the name of the Public Authority is "Medical Council of India"

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Nitish Sancheti

I have already attached RTI application as per the index while filing second appeal, so should I attach it again as part of first appeal enclosures [According to index which specifies first appeal

with its enclosures]?

 

- - - Updated - - -

 

What is the difference between second appeal and complain?

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Nitish Sancheti

I had filed a second appeal with CIC in New Delhi which got delivered on 21st december,2013.I did not receive any acknowledgment so i sent a reminder with a copy of second appeal which got delivered on 29th january,2014 still i have not received any reply.I also checked cic's website for status of my appeal but they could not find it.What should i do?

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Prasad GLN

Wait for another one week and then file RTI Application to NODAL CPIO seeking status of second appeal diarisation enclosing proof of service.(Have you checked status in DIARY ? and not Second appeal. First to check in Diary and then after several months/years in Second appeal status)

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Nitish Sancheti

Thank you..I checked the status in Diary which says that it is forwarded to CR for scrutiny..should i file an rti to nodal CPIO? How many days does CIC take to give a decision on second appeal?

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