The National Level Moot Court Competition will be held on 24th & 25th November, 2017 and we cordially invite law students of different institutions all over India to participate in the competition.
Brijesh aged about 30 years is a native of Konnam district of State of Tivannur. Tivannur State which is a part of the Federal republic of Brasilia is primarily inhabited by Tribal communities. Mr. Brijesh was suffering from severe pain while speaking and while eating for nearly two months. Any amount of medicine administered by traditional medicinal practitioner from his native area could not give him any relief. On advice of one of his relatives, working in Devam city- the capital city of Tivannur State, he approached to Tivannur State Institute of Medical Sciences (referred hereinafter as TIMS) a privatelyowned hospital and consulted to Dr. Y, an ENT Specialist. On examination of patient and after conducting several tests, Mr. Brijesh was diagnosed with tonsils and was advised to undergo an operation called tonsillectomy. Estimated expenditure for such surgery was Rs.1,70,000/- and the same was duly informed to patient along with nature of problem he was suffering and the course of medical treatment. Despite various financial constraints, Brijesh arranged the said amount by raising a loan of Rs.1,50,000/- with interest rate of 6% Per Annum. It is pertinent to note that a team of doctors of TIMS spelled certain unique and specialized methods for performing certain categories of surgery under question.
TIMS has kept these novel surgical methods always a commercial secret by taking necessary legal precautions. Tonsillectomy surgery which Mr. Brijesh was supposed to undergo was one such unique and novel surgical method invented by team of doctors at TIMS which included Dr. Dayanand Mishra as Head of the Surgery Panel. The said surgical method involves novel tools and novel technique for performing surgery.
TIMS authorities brought the fact under notice of Mr. Brijesh and his relatives before performing the said surgery and in confidence explained steps involved in novel surgical method with help of flowchart. It has been practicing of TIMS to reveal and explain unique and novel surgical method to patients and their relatives ever since they invented surgery of tonsillectomy. So far, in period of 10 years, nearly 100 patients and their relatives were informed under confidence about this unique and special surgical method.
Brijesh was operated on 31st August 2013 at TIMS by Dr. Dayanand Mishra who took assistance from one Anesthetist Dr. Raghavan. When Brijesh regained consciousness after operation, he felt heavy discomfort and found lower abdominal part of his body has paralyzed and further he could not move his legs and toes any more. Feeling panicked by development, his family members complained to Dr. Dayanand Mishra and to the hospital General Administration. However, Doctor and concerned Hospital Authorities assured Brijesh
and his family that everything would be alright within a week. Since, there was no improvement, Family of Brijesh took him to a nearby Government Hospital and got him admitted there.
Doctors at Government Hospital advised Brijesh to get full Case Sheet of treatment given at TIMS along with diagnostic reports and case history declaring that they followed standard procedure prescribed for conducting tonsillectomy and in taking care of patient after surgery doctor observed all the necessary precautions.
On other hand, Government hospital where Brijesh was undergoing treatment insisted on going through diagnostic reports and case sheet available with TIMS to decide as how to adopt further course of treatment.
In spite of repeated requests by Brijesh and Family, TIMS Administration refused to part with medical records even though Brijesh has already paid full amount estimated by hospital for his surgery.
Meanwhile, doctors at Government hospital conducted independent examination of Brijesh and found, after various tests, that paralysis of lower parts of body was due to excess of anesthesia administered during surgery conduct by doctors at TIMS. However, after treating Brijesh for about six months, Government hospital advised him to get discharged
from Hospital informing him additionally that he cannot recover to normal life in near future. Mr. Brijesh who was in his youth and lone breadwinner of his family became confined to wheel chair, his family was forced to undue hardship, mental agony and irreparable loss due to medical negligence of doctors at TIMS.
On advice of some well-wishers, Brijesh decided to sue Dr. Dayanand Mishra, other Panelists in his team of doctors and to TIMS hospital for seeking compensation and other incidental relief. For doing so, he claimed information relating to his diagnosis and treatment at TIMS. He, therefore, filed an application under Right to Information Act, 2005 seeking copies of his medical records.
He also sought other information relating to novel surgery by which he was operated upon along with copy of flowchart containing steps involved in novel surgical method and some specific details concerning device and technique.
TIMS refused to reveal information on ground that it was not a public authority, nor it had any obligation to disclose information under RTI Act. Feeling aggrieved by such refusal, Brijesh preferred an Appeal to State Information Commission contending that TIMS was a public authority as it had availed loan of Rs.1 crore from one public sector Bank for construction of hospital building.
It was also contended by Brijesh that under provisions of Tivannur State Public Health Act it was made mandatory on part of all hospitals in state to provide periodical reports to Director General Health (DGH) and therefore TIMS would fall under public authority under RTI Act, 2005.On other hand, TIMS contended that by availing loan does not make it public authority and further that an obligation to furnish periodical reports to DGH of State would not make it bound to give all medical reports to any patient.
After hearing both sides and going through provisions of RTI Act 2005, The Evidence Act 1872, Tivannur State Public Health Act, 2001 and norms of medical ethics, State Information Commission observed that TIMS falls under purview of public authority and holding it a violation of his statutory rights, awarded compensation of Rs.1 Lakh.
Feeling aggrieved by decision of State Commission, TIMS Hospital has filed writ to the High Court U/A 226 of the Constitution of the Federal republic of Brasilia. The High Court has identified following issues-----
(1) Whether the High Court has jurisdiction to deal with this case under its writ jurisdiction and whether TIMS was public authority under RTI Act since it is owned and managed fully by
(2) Whether information related to novel surgical method can be denied to applicant on ground that it is exempted information under RTI Act and consequently, whether public interest out- weighs private interest in disclosure of such information?
(3) Whether denial of copy of flowchart is justified on ground of copyright exemption under RTI Act, 2005?
(4) Whether Brijesh has right to information and to access to his own medical records held by TIMS Hospital and whether extraordinary Constitutional remedy by way of any appropriate writ can be provided to petitioner?
(5) Whether State Commission has acceded its jurisdiction by acting in eagerness to help patient or in alternate, whether the State Commission is an administrative body or adjudicatory body while deciding upon such matter?
(6) Whether Brijesh was rightly entitled to relief of Rs.1 Lakh as compensation on ground of violation of his fundamental rights for non-furnishing of the required information by TIMS
Prepare memorials and argue for both sides.
NOTE: All Statutes, Rules and regulations of the Republic of Brasilia are in pari materia and
substantively similar to the Republic of India.
After 15th November 2017 last date for registration with fine of ₹200/- till 18th November 2017.
Teams must confirm their participation latest by 18th November 2017. Registration is a two-step process comprising of filling up of the registration form and payment of the registration fee.The Fee prescribed for registration of each team is ₹1500/-.
Teams may confirm their participation by applying and submitting prescribed fee ₹1500/- online on niu.edu.in or by sending a demand draft of ₹1500/- in favour of Noida International University and payable at Noida Branch of Punjab National Bank mentioning clearly the following details—
Name of Account: NOIDA INTERNATIONAL UNIVERSITY
Bank Name: Punjab National Bank
Bank Branch: Sector 18, Noida
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SWIFT CODE: PUNBINBBMSN
Account Number. 3702002100040155
For online payment go to: niu.edu.in
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For any query write an email at email@example.com or may telephonically contact to the persons designated as Coordinator and conveners (Details given in the brochure)
The University will provide all arrangements for accommodation and
hospitality for Participants. ₹1500/- shall be charged from each Team.
Amount is inclusive of costs for accommodation and hospitality.
➢ Regular free of cost bus trips from Campus to nearby Delhi -NCR Locations
falling upon fixed route of our University Bus/Cab will be provided by
university during days of the moot court competition.
➢ Cash payable by each observer and Team Escort shall be ₹800/- per day for
accommodation and hospitality.
➢ Accommodation and hospitality facilities are voluntary. If any person decides
to arrange it personally, he/ she are free to do so.
The NATIONAL MOOT COURT COMPETITION, 2017 shall be held on 24th and 25th November 2017
(Friday and Saturday) at the Academic Block of NOIDA INTERNATIONAL UNIVERSITY, Greater