Process of recognizing law colleges: U/s 25 (5), the CIC recommends the Bar Council of India to voluntarily disclose every inspection report of the affiliated colleges/universities recognised in order to enhance transparency in the recognizing process

Information sought and background of the case:

The Appellant filed an RTI application dated 06.12.2022 seeking information on the following points:-

1. “Whether MADHUSUDAN LAW UNIVERSITY, CUTTACK, ODISHA affiliated to Bar Council of India?

2. Do also provide correspondence details of affiliation of MADHUSUDAN LAW UNIVERSITY, CUTTACK, ODISHA till date along with the inspection reports.”

The CPIO/Bar Council of India vide letter dated 04.01.2023 replied as under:-

“The list of Law Colleges (State-wise/Area-wise) having approval of affiliation of the Bar Council of India is available on the website of Bar Council of India. Please refer the same.

However, I am sending the attachment of letter of granted fresh recognition (No. BCI:D:390:2022(LE/Std dated 10.5.2022 of affiliation granted to Madhusudan Law University.”

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 07.01.2023 which was not adjudicated by the FAA as per available records.

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

Hearing was scheduled after giving prior notice to both the parties. A written submission dated 12.02.2024 has been received from the Appellant reiterating the aforesaid facts and stating that information on the second point had been denied to him. He has further cited an earlier decision dated 02.01.2017 of the Commission in the case of H N Pathak v. PIO, BCI (CIC/SA/C/2016/000164) directed the BCI to put up the inspection report of different University and Colleges to have transparency in the process of recognizing law colleges. Relevant portion of the said Order pertaining to disclosure of inspection report has been quoted as follows:

“21. In fact, the BCI is under an obligation under section 4(1)(b) Every public authority shall publish within one hundred and twenty days from the enactment of this Act,- (i) the particulars of its organisation, functions and duties; (ii) the powers and duties of its officers and employees; (iii) the procedure followed in the decision making process, including channels of supervision and accountability; (iv) the norms set by it for the discharge of its functions; (v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions; (vi) a statement of the categories of documents that are held by it or under its control; (vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof; (viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public; (ix) a directory of its officers and employees; (x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; (xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made; (xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes; (xiii) particulars of recipients of concessions, permits or authorisations granted by it; (xiv) details in respect of the information, available to or held by it, reduced in an electronic form; (xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use; (xvi) the names, designations and other particulars of the Public Information Officers; (xvii) such other information as may be prescribed and thereafter update these publications every year; Every public authority shall publish within one hundred and twenty days from the enactment of this Act,- (i) the particulars of its organisation, functions and duties; (ii) the powers and duties of its officers and employees; (iii) the procedure followed in the decision making process, including channels of supervision and accountability; (iv) the norms set by it for the discharge of its functions; (v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions; (vi) a statement of the categories of documents that are held by it or under its control; (vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof; (viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public; (ix) a directory of its officers and employees; (x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; (xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made; (xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes; (xiii) particulars of recipients of concessions, permits or authorisations granted by it; (xiv) details in respect of the information, available to or held by it, reduced in an electronic form; (xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use; (xvi) the names, designations and other particulars of the Public Information Officers; (xvii) such other information as may be prescribed and thereafter update these publications every year; to voluntarily disclose every inspection report on their official website. The parents and students or any other person has a right to know the reasons for recommending to accord the recognition. They should get an opportunity to verify the claims made by the legal educational institute which entitled them the recognition. It is not proper and legal on the part of the BCI to deny the information sought. Hence the complaint sustains.

The transparency in the process of recognizing law colleges, voluntary disclosure of inspection reports explaining inadequacies in faculty and infrastructure in law colleges will go a long way in removing the scope of corruption. The information so disclosed will help students and their parents to exercise the choice of law colleges in very effective manner. The aims and objectives of Advocates Act 1961 could be achieved if the provisions of transparency in RTI Act are properly complied with by the Bar Council of India.”

A written submission has been received from the PIO, BCI vide letter dated 19.02.2024[93] reiterating the above facts adding that the First Appeal had been duly decided vide order dated 17.04.2023.

Appellant: Present through video conference

Respondent: Shri Jogiram Sharma – Regional PF Commissioner-I, was present through video conference during the hearing.

The Respondent stated that the inspection reports of colleges are not uploaded on the site of BCI but the facilities, campus, faculty etc. details are displayed on the website of the concerned college/University. Such inspection reports contain photographs and other details pertaining to the University/college shared in confidence with the BCI, hence the inspection reports are not put in public domain by the BCI. However, the Respondent conceded that inspection report containing generic information can be provided to the Appellant if so directed by the Commission.

Decision:

After hearing averments of the parties and perusal of records of the case, the Commission hereby directs the Respondent to furnish a revised reply containing the inspection report sought by the Appellant in point number 2 of the RTI Application, redacting any information which is exempt under provisions of the RTI Act. The revised reply shall be sent within four weeks of receipt of this order and a compliance report shall be submitted by the Respondent within one week thereafter.

The Commission in exercise of its powers under Section 25 (5) of the RTI Act recommends the BCI to make endeavour to disclose as much information as possible on its website in terms of the mandate laid down under Section 4(1)(b) Every public authority shall publish within one hundred and twenty days from the enactment of this Act,- (i) the particulars of its organisation, functions and duties; (ii) the powers and duties of its officers and employees; (iii) the procedure followed in the decision making process, including channels of supervision and accountability; (iv) the norms set by it for the discharge of its functions; (v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions; (vi) a statement of the categories of documents that are held by it or under its control; (vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof; (viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public; (ix) a directory of its officers and employees; (x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; (xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made; (xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes; (xiii) particulars of recipients of concessions, permits or authorisations granted by it; (xiv) details in respect of the information, available to or held by it, reduced in an electronic form; (xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use; (xvi) the names, designations and other particulars of the Public Information Officers; (xvii) such other information as may be prescribed and thereafter update these publications every year; Every public authority shall publish within one hundred and twenty days from the enactment of this Act,- (i) the particulars of its organisation, functions and duties; (ii) the powers and duties of its officers and employees; (iii) the procedure followed in the decision making process, including channels of supervision and accountability; (iv) the norms set by it for the discharge of its functions; (v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions; (vi) a statement of the categories of documents that are held by it or under its control; (vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof; (viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public; (ix) a directory of its officers and employees; (x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; (xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made; (xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes; (xiii) particulars of recipients of concessions, permits or authorisations granted by it; (xiv) details in respect of the information, available to or held by it, reduced in an electronic form; (xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use; (xvi) the names, designations and other particulars of the Public Information Officers; (xvii) such other information as may be prescribed and thereafter update these publications every year; of the RTI Act, particularly voluntarily disclose every inspection report of the colleges/universities recognised/affiliated under BCI in order to enhance transparency in the process of recognizing law colleges. While making such disclosure of information, the BCI must exercise due caution in ensuring that only information as permissible under the RTI Act are disclosed in public domain, redacting any information which is specifically exempt under provisions of the Act from public dissemination. Such an exercise on the part of BCI shall not only be beneficial for the students seeking to pursue law but also mitigate the queries being routed under RTI Act.

The appeal is disposed of accordingly.

Heeralal Samariya

Chief Information Commissioner

Citation: Shri Shashwata Sekhar Baral v. Bar Council of India, CIC/BCOIN/A/2023/616519; Date of Decision: 20.02.2024