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    Shri Vijay K. Gulhane, C/O Manish V Gulhane, Takiya, Behind Ambadevi Temple, Amravati v. The Was Not Present.

    The decision of the CIC was given by:

    Annapurna Dixit, IC

    BACKGROUND

    1. The Applicant, through his RTI-application dated 02.09.2010, wanted to obtain from the PIO, MCI copies of the ‘A-forms’ and ‘B forms’ along with its enclosures submitted to the MCI Inspectors for MCI Inspection by Dr. Panjabrao alias Bhausaheb Desmukh Memorial Medical College, Amravati in 2010. The PIO, on 13.10.2010, informed the Applicant that the information sought by him pertains to a private Medical College that has objected to its disclosure when consulted. The Applicant, being aggrieved with the PIO's reply, filed his first appeal with the Appellate Authority (AA) on 27.10.2010 which, according to the Applicant, had not been replied to by the AA. The Appellant, thereafter, filed the present appeal before the Commission on 25.11.2010 requesting for the disclosure of information.

    DECISION

    2. During the hearing, the Respondents produced a letter dated 01.10.2010—addressed to the PIO, MCI—from Dr. P.D.M.M.C, Dean, Dr. Panjabrao alias Bhausaheb Desmukh Memorial Medical College, Amravati, which made a mention of a decision dated 30.06.2009 of State Information Commissioner of Maharashtra Amravati, with reference to judgment of writ petition no. 5666/2007 High Court Bombay Bench Nagpur, holding that it is not binding on the part of private unaided Institutions to provide the information under the RTI-Act.

    3. In view of the fact that the information herein rests with a Medical college which is decidedly a private unaided institution and since the law in this connection has already been settled the College is not obliged to give information under the RTI-Act. Hence the present appeal-petitions cannot be allowed.

    4. Case is thus closed.

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    Shri Vijay K. Gulhan... v. The Was Not Present.
    (May 20, 2011)