CIC directs BCI to publish inspection reports on law schools to benefit student community.
CIC directs BCI to publish inspection reports on law schools to benefit student community.
"The FAA burst into frenzied arguments with the Appellant for bringing up allegations of lack of transparency and for insisting on non-compliance of earlier Commission's directions. The Commission took exception to the disdainful conduct of the FAA and closed the hearing proceedings" CIC observed whilst disposing of the present appeal.
The Central Information Commission issued an order directing the Bar Council of India to publish inspection reports on law colleges for the benefit of the student community at large.
This order was passed upon an appeal made by Mr. Prasoon Shekhar when the Public Information Officer of the BCI refused to disclose the list of law colleges under inspection or such colleges whose affiliation were canceled from 2017-2020.
Mr. Soraj Punhan, CIC Information Commissioner noted that publishing the inspection reports will significantly lessen the burden on RTI applications in this regard.
The First Appellate Authority upheld the decision of the PIO, following which an appeal was filed before the CIC.
Mr. Prasoon filed an RTI application on 16 March 2020 seeking the following information:
1. How frequently the inspection of colleges is done by BCI.
2. Provide the list of colleges which are not found fit after inspection between 2016-20
3. Provide the list of colleges whose affiliations were canceled by BCI between 2016-20. 4.
4. Provide the list of all the colleges and the members who were inspected along with the date and time (especially for the colleges which come under (2) and (3) of the RTI Request.
Upon receiving the application, the FAA held that the information sought by Mr. Prasoon is in the format of agenda and minutes and the information is voluminous in nature and thereby disposed of the application.
During the appeal proceedings before the CIC, the FAA submitted that the BCI website is in the process of being upgraded and eventually all disclosures will be made available therein. It further clarified that the BCI does not upload the college inspection reports in the public domain "because that is ought to create unnecessary confusion and speculation amongst the stakeholders" and the final decision is based on the findings of the Legal Education Committee.
It was pointed out to the CIC that even after 16 years BCI fails to comply with the provisions laid down under Section 4(1)(b) and 4(2) of the RTI Act relating to disclosure by public authorities. Reliance was placed on the case of H.N Pathak V. PIO wherein BCI was directed to publish compliance reports and information periodically, however the same published as a mere formality. He further established that "the decadent lack of transparency in the functioning of BCI and the absence of inspection reports of the law colleges in the public domain is causing immense agony to the student community.."
Given the arguments and observations made by CIC, it was held that "as far as the information sought for in the RTI Application is concerned, no infirmity lies in the reply of the CPIO in as much as the Appellant was provided a factual reply while also being offered an inspection of the available and relevant records…the Commission finds that concededly the disclosure of the inspection reports of the law colleges in the public domain will benefit the student community at large and will significantly reduce the burden of RTI Applications filed in this regard. For the said reason, the Commission directs the FAA to place this order before their competent authority to ensure that action is expedited with respect to the up-gradation of the BCI website while also incorporating the stipulations of the Commission in the H N Pathak case (supra)."
The CIC further directed the CPIO to comply with the order within 15 days from the date of receipt.
Mr. Ashok Pandey, Joint Secretary, and FAA appeared as the respondent.
