The answer is an application under RTI Act. Depending on the answer you receive the further recourse may be charted out.
How to get information from ministry of health
Hello my name is Dr.Suresh, did Surgical gastroenterology ( DNB super specialty), offered by National board of examinations, New Delhi. Most of the DNB degrees are recognized by MCI( Medical council of India), but recently added degrees are not recognized because they were not included in the first schedule of Indian medical council act 1956. For that to get recognition it requires a gazette notification from Ministry of health and family welfare, then MCI will include them in the first schedule of IMC act. When we try to know what's happening, we got to know that it is under consideration for long time. With the above back ground information i am putting up a question 1. How to get information from MOH&FW and National board of examinations that is helpful for feature legal purposes 2. RTI or legal notice which is better to know exactly what stage the process is 3. If i put an RTI like this " Plese provide me copies of all sort of communications happened between NBE and MOH& FW regarding inclusion of DNB surgical gastroenterology in the first schedule of Indian medical counsil act 1956. " Does this question helps me to prevent them escaping by giving a vague answer Waiting for ur valuable reply.
Asked 8 years ago in Constitutional Law
5 Answers
Hi
An RTI in the format suggested by you will be the best approach.
Also it appears that their website was last updated in 2015(http://www.mohfw.nic.in/).
However since DNB seats are based on National board of examinations, it should be the duty of MCI to recognize the degree. MCI or MOHFW cannot blame each other.
If RTI responses do not get the desired response or in case you need to get this information before you complete the DNB course, suggest you move to the high court and implead NBE, MOHFW and MCI as parties as career is at stake . In the high court, all three of them will need to conclusively recognise the course.
1) file RTI application to know whether any decision had been taken in this regard
2) don't issue legal notice
3) your query under RTI has been well drafted
you should file rti instead of court case. you can get all the information which is related with the non sovereign act. you can ask "all sort of communications happened between NBE and MOH& FW regarding inclusion of DNB surgical gastroenterology in the first schedule of Indian medical counsil act 1956."
all communication may be lengthy documents so you should demand reason behind not to include DNB surgical gastroenterology in the first schedule of Indian medical counsil act 1956
You can first ascertain the information and the status of the pending issue by seeking the information through RTI Act.
The information to be sought should contain the actual wordings and not a hearsay word denoting the subject about which the information is being sought.
You should not ask for all communications between two departments. You should be concerned with your subject alone and seek information about that subject alone.
If the information sought is not given or is not satisfactory, you may prefer a first appeal against it and seek proper information.
Take the help of a local lawyer for drafting the application if you are not sure of how to approach the authority with the application.
