CIC/ICOMR/A/2024/653294 Page 1 of 6 केȾीय सूचना आयोग
Central Information Commission बाबा गंगनाथ मागŊ, मुिनरका Baba Gangnath Marg, Munirka नई िदʟी, New Delhi - 110067 File No: CIC/ICOMR/A/2024/653294 Dr Sujatha Nott
VERSUS
बनाम
.….अपीलकताŊ/Appellant
CPIO
Indian Council of Medical Research Ansari Nagar New Delhi -110029
….Ůितवादीगण /Respondent Date of Hearing : 03.03.2026 Date of Decision : 05.03.2026 INFORMATION COMMISSIONER : Jaya Varma Sinha Relevant facts emerging from appeal:
RTI application filed on : 18.07.2024 CPIO replied on : 12.08.2024
First appeal filed on : 20.09.2024 First Appellate Authority's order : 08.10.2024 2nd Appeal dated : 30.11.2024
Information sought:
1. The Appellant filed an RTI application dated 18.07.2024(online) seeking the following information:
"1.Reasioning for HMSC's Scientific Evaluation:
Section 6(1): Information on why HMSC is examining the scientific merits of the proposal when it has already been reviewed and approved by the Joint Committee of DBT, India, and the Swiss National Science Foundation, Switzerland. This seeks to understand redundancy in evaluations. 1 / 7
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CIC/ICOMR/A/2024/653294 Page 2 of 6
2. Re-evaluation of Scientific Merits:
Section 6(1): Explanation for HMSC re-evaluating the scientific merits when the proposal has been screened and approved by the ICMR-NIRT Scientific Advisory Committee (SAC), Institutional Ethics Committee (IEC), Prof MVDRC-SAC, Prof MVDRC-IEC, Department of Public Health (DPH)-SAC, and the ICMR-NIRT Community Advisory Board (CAB). This seeks clarity on the role and overlap of multiple committees.
3. Criteria and Policies for Screening:
Section 4(1)(b): Request for the detailed criteria and policies for HMSC screening of proposals, including the determination of PI eligibility according to Gol rules. This is to ensure transparency and adherence to established guidelines.
4. Denial of PI Rights to Dr. Subash Babu:
Section 6(1): Rationale behind HMSC's decision to deny Dr. Subash Babu the right to be the Indian PI when he secured the funding and wrote the protocol for the project. This seeks to understand the decision-making process affecting project leadership.
5. Requirement for PI Position Transfer:
Section 6(1): Justification for HMSC requiring the PI position to be handed over to NIRT permanent staff who did not contribute to the project at a commensurate level. This addresses concerns about the allocation of credit and responsibility.
6. HMSC's Role in Screening DBT-funded Proposals:
Section 6(1): Information on HMSC's role in screening Indo-foreign collaborations funded by DBT, an agency under a different ministry. This seeks to delineate the jurisdiction and authority of HMSC.
7. Involvement in DBT-funded Proposals:
Section 6(1): Clarification on whether HMSC has any involvement in screening proposals purely funded by DBT, under the Ministry of Science and Technology, and not the Ministry of Health and Family Welfare. This is to ascertain the scope of HMSC's review responsibilities.
8. Management of Conflicts of Interest:
Section 4(1)(b): How HMSC manages conflicts of interest among its members who might have vested interests in not approving the proposal. This is to ensure fairness and impartiality in the evaluation process.
9. Recusal Provisions:
Section 6(1): Provisions for HMSC members with associations or conflicts of interest with the PI or Investigators of the proposal to recuse themselves during approval meetings. This addresses concerns about bias and transparency.
10. Minutes of HMSC Meetings:
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CIC/ICOMR/A/2024/653294 Page 3 of 6 Section 4(1)(d): Why detailed minutes of HMSC meetings are not recorded and shared with the PI, ensuring transparency in the decision-making process. Instead, brief summary statements are sent by email. This seeks to ensure accountability and record-keeping.
Nodal Officer for Communication:
11. Nodal Officer for Communication:
Section 4(1)(b) : Why there is no designated nodal officer at HMSC for direct PI communication, instead of open-ended emails without an official responsible person. This is to facilitate efficient and clear communication channels."
2. The CPIO furnished a reply to the Appellant on 12.08.2024 stating as under:
"1. Reasoning for HMSCs Scientific Evaluation:
Information on why HMSC is examining the scientific merits of the proposal when it has already been reviewed and approved by the Joint Committee of DBT, India, and the Swiss National Science Foundation, Switzerland. This seeks to understand redundancy in evaluations.
Ans. HMSC screens projects as per the HMSC guidance on website (point 3)http://main.icmr.nic.in/content/health-ministry-screening-committee-hmsc.
2. Re-evaluation of Scientific Merits:
Explanation of HMSC re-evaluating the scientific merits when the proposal has been screened and approved by the ICMR-NIRT Scientific Advisory Committee (SAC), Institutional Ethics Committee (IEC), Prof MVDRC-SAC, Prof MVDRC-IEC, Department of Public Health (DPH)-SAC, and the ICMR-NIRT Community Advisory Board (CAB). This seeks clarity on the role and overlap of multiple committee.
Ans. HMSC Screens projects as per the HMSC guidance on website (point 3)http://main.icmr.nic.in/content/health-ministry-screening-committee-hmsc.
3. Criteria and Policies for Screening:
Request for the detailed criteria and policies for HMSC screening of proposals, including the determination of Pl eligibility according to Gol rules. This is to ensure transparency and adherence to established guidelines. Ans.ReferenceHMS guidance on
website(point3)http://main.icmr.nic.in/content/health-ministry-screening- committee-hmsc
Rationale behind HMSCs decision to deny Dr. Subash Babu the right to be the Indian Pl when he secured the funding and wrote the protocol for the project. This seeks to understand the decision-making process affecting project leadership.
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CIC/ICOMR/A/2024/653294 Page 4 of 6 Ans. Examined in terms of Note(i) of HMSC guidance on website http://main.icmr.nic.in/content/health-
ministry-screening-committee-hmsc.
Reference minute of HMSC (30.01.2023 meeting) already conveyed.
5. Requirement for PI Position Transfer:
Justification for HMSC requiring the PI position to be handed over to NIRT permanent staff who did not contribute to the project at a commensurate level. This addresses concerns about the allocation of credit and responsibility. Ans. Not Applicable (as per Section 2 (f) of RTI Act).
6. HMSCs Role in Screening DBT-funded Proposals:
Information on HMSCs role in screening Indo-foreign collaborations funded by DBT, an agency under a different ministry. This seeks to delineate the jurisdiction and authority of HMSC.
Ans. It is as per the mandate of HMSC
http://main.icmr.nic.in/sites/default/files/upload_documents/MoHFW_order. pdf.
7. Involvement in DBT-funded Proposals:
Clarification on whether HMSC has any involvement in screening proposals purely funded by DBT, under the Ministry of Science and Technology, and not the Ministry of Health and Family Welfare. This is to ascertain the scope of HMSCs review responsibilities.
Ans. It is as per the mandate of HMSC
http://main.icmr.nic.in/sites/default/files/upload_documents/MoHFW_order. pdf.
8. Management of Conflicts of Interest:
How HMSC manages conflicts of interest among its members who might have vested interests in not approving the proposal. This is to ensure fairness and impartiality in the evaluation process.
Ans. By declaring any conflicts of interest by members/nominees.
9. Recusal Provisions:
Provisions for HMSC members with associations or conflicts of interest with the PI or Investigators of the proposal to recuse themselves during approval meetings. This addresses concerns about bias and transparency. Ans. Yes. By rescuing themselves from meeting.
10. Minutes of HMSC Meetings:
Why detailed minutes of HMSC meetings are not recorded and shared with the PI, ensuring transparency in the decision-making process. Instead, brief summary statements are sent by-email. This seeks to ensure accountability and record-keeping.
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CIC/ICOMR/A/2024/653294 Page 5 of 6 Ans. Relevant part of the minutes of HMSC meeting for each proposal is shared with the respective Principal Investigator.
11. Nodal Officer for Communication:
Why there is no designated nodal officer at HMSC for direct Pl communication, instead of open-ended emails without an official responsible person. This is to facilitate efficient and clear communication channels.
Ans. Details of contact persons available on website
http://main.icmr.nic.in/content/health-ministry-screening-committee-hmsc."
3. Being dissatisfied, the Appellant filed a First Appeal dated 20.09.2024. The FAA vide its order dated 08.10.2024, held as under:
"Reply: 1. Why is the Health Ministry Screening Committee (HMSC) blocking a Government of India DBT-funded project (which is not funded by ICMR)?
Ans. For any change of PI in a proposed study, the revised support letter from the funding agency is mandatory for further consideration of proposal by HMSC.
2. What is the justification for not allowing me, an ICER India scientist, to serve as the Indian Principal Investigator (PI) for an ICER India project?
Ans. It is as per mandate of HMSC.
http://main.icmr.nic.in/sites/default/files/upload_documents/MoHFW_order. pdf."
4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent.
Respondent: Dr. Reema Roshan, CPIO-cum-Scientist 'D', attended the hearing in person.
5. The Appellant did not participate in the hearing.
6. The Respondent submitted that a suitable and pointwise reply has been given to the Appellant vide letter dated 12.08.2024. Decision:
7. At the very outset, the Commission observes that the subject matter of the instant RTI Application under reference has already been adjudicated in Second Appeal No. CIC/ICOMR/A/2024/635306, by this Bench of the 5 / 7
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CIC/ICOMR/A/2024/653294 Page 6 of 6 Commission vide order dated 27.02.2026. Accordingly, the instant Second Appeal is barred by principles of res judicata.
The appeal is dismissed accordingly.
Jaya Varma Sinha (जया वमाŊ िसɎा)
Information Commissioner (सूचना आयुƅ)
Authenticated true copy
(अिभŮमािणत सȑािपत Ůित)
(Ashutosh Vasishta)
Dy. Registrar
011- 26107042
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Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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