SIC declares ASCOMS Public Authority, asks to ‘Follow RTI Act’
GK NEWS NETWORK
Jammu, Mar 1: In a landmark judgement, the Jammu and Kashmir State Information Commission on Friday declared State’s only Private Medical College, ASCOMS, Acharya Shri Chander College of Medical Sciences at Sidhra, Jammu (often known as Batra Hospital, ) as a Public Authority as defined under the provisions of the Jammu and Kashmir Right to Information Act 2009.
The State Information Commissioner Dr S.K Sharma while deciding the case has held that ASCOMS possess the essential elements/ingredients of section 2(f)(4)(a) & (b) which is substantially financed by the government and controlled by the different agencies under the state government. The Medical Council of India, University of Jammu, Board of Professional Entrance Examinations, (BOPEE) and Health and Medical Education Department of state government play an important in regulating its activities including professional and academic standards. It is, therefore, covered by the regime of RTI Act and can be called a Public Authority.
In its judgement the commission has also mentioned the facts submitted by petitioner Sardar Balvinder Singh,
RTI Activist, where in he has stated that the land on which the said institution stands constructed has been leased to the ASCOMS at a very nominal rate of Rs 5000, (five thousand per kanal )and Rs. 50 per Kanal rent annually against the then market value which was ten time higher than the leased rate.
The State Information Commission has directed the Director/Principal of ASCOMS to designate Public Information Officer, PIO and First Appellate Authority at the earliest under section 5 of the Jammu and Kashmir
Right to Information Act 2009 and also to comply with the mandate of section 4 of the RTI Act by 30th of April/2013. And also directed the respondent to provide the Information sought by the information seeker within one month of the pronouncement of this order of the commission.
The commission has also directed the ASCOMS to allow to inspect the records in case the information sought by the applicants is voluminous in nature and be provided copies of documents required by them if any on payment of fees as prescribed in JK RTI Rules 2012.
The State Information Commissioner Dr S.K Sharma while deciding the case has held that ASCOMS possess the essential elements/ingredients of section 2(f)(4)(a) & (b) which is substantially financed by the government and controlled by the different agencies under the state government. The Medical Council of India, University of Jammu, Board of Professional Entrance Examinations, (BOPEE) and Health and Medical Education Department of state government play an important in regulating its activities including professional and academic standards. It is, therefore, covered by the regime of RTI Act and can be called a Public Authority.
In its judgement the commission has also mentioned the facts submitted by petitioner Sardar Balvinder Singh,
RTI Activist, where in he has stated that the land on which the said institution stands constructed has been leased to the ASCOMS at a very nominal rate of Rs 5000, (five thousand per kanal )and Rs. 50 per Kanal rent annually against the then market value which was ten time higher than the leased rate.
The State Information Commission has directed the Director/Principal of ASCOMS to designate Public Information Officer, PIO and First Appellate Authority at the earliest under section 5 of the Jammu and Kashmir
Right to Information Act 2009 and also to comply with the mandate of section 4 of the RTI Act by 30th of April/2013. And also directed the respondent to provide the Information sought by the information seeker within one month of the pronouncement of this order of the commission.
The commission has also directed the ASCOMS to allow to inspect the records in case the information sought by the applicants is voluminous in nature and be provided copies of documents required by them if any on payment of fees as prescribed in JK RTI Rules 2012.
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