Central Information Commission directs BCI to publish on its website inspection reports of law colleges

The Central Information Commission (CIC) has directed the Bar Council of India (BCI) to publish on its website inspection reports of law colleges [Prasoon Shekhar v CPIO]..In an order delivered on May 25, the CIC Saroj Punhani said that 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 upgradation of the BCI website while also incorporating the stipulations of the Commission in the H N Pathak case," the CIC directed. It was hearing an appeal against a decision of the First Appellate Authority (FAA) which had refused the plea to provide details of law colleges which were found unfit after BCI inspection or had their affiliation cancelled.The CIC in its order also took strong objection to the "disdainful conduct" of the FAA during the hearing before it and the frenzied arguments the FAA had with the appellant. "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," the order noted.By way of background, a fourth year law student Prasoon Shekhar had filed a Right to Information (RTI) application on March 16, 2020 to inquire as to how frequently the inspection of colleges was done by BCI.The Central Public Information Officer (CPIO) had furnished point-wise information to the appellant on July, 24 2020 wherein with respect to inspection of law colleges it had stated that,“All the applications for approval will be considered after inspection only. If the college fulfills all the requirements, the inspection will be carried out. Firstly, the application of the new law colleges will be given priority. The colleges situated near new colleges also will be covered while inspecting new law colleges. The existing law colleges are also inspected very three year, if not happened the extension of approval of affiliation will be issued.".The appellant had also sought the following details which were not provided by the CPIO:- List of colleges which are not found fit after inspection between 2016-20;- List of colleges whose affiliation were cancelled by BCI between 2016-20;- List of all the collegse and the members who inspected along with date and time of the RTI Request.The appellant filed an appeal before the FAA, which by an order dated August 30, 2020, upheld the decision of CPIO. This led to the present appeal before the CIC. .The appellant stated in written submissions that, despite passage of over 16 Years from the date of enactment of the RTI Act, the BCI has not been complying with the mandatory provision as enumerated under Section 4 of the RTI Act, more particularly, Section 4(1)(b) and 4(2) of the Act relating to suo-moto disclosures by the public authorities which was evident from a bare perusal of the website of BCI..The appellant further contended that, in HN Pathak v. PIO, BCI , the directed CIC had directed BCI to file a compliance report with undertaking that BCI would update information on its website periodically; however, from a perusal of RTI Section of BCI website revealed that the information was nothing more than a formality with no space for suo moto disclosure.The FAA vehemently objected to the arguments of the appellant on issues of suo motu disclosure and argued that the aspect of suo motu disclosure was not before the Commission for adjudication in the present case. He further submitted that the BCI website is in the process of being upgraded and eventually all suo motu disclosures would be available on it. He also clarified that BCI does not upload/place the inspection report of colleges in the public domain so as to avoid unnecessary confusion and speculation amongst the stakeholders.The CIC however disagreed and said that such disclosures would be beneficial to students. It, therefore, ordered BCI to update its website towards that end. As regards relief to the appellant, the CIC ordered that he be permitted to inspect the available records with respect to the information sought. "As regards relief to be ordered in the matter, the Commission directs the CPIO to reiterate the opportunity of inspection of the available records with respect to the information sought for at points 2,3,4 to the Appellant and facilitate the same on a mutually decided date & time. The intimation of date & time of the inspection shall be provided to the Appellant telephonically and in writing by the CPIO. Copy of documents, if any desired by the Appellant during the inspection shall be provided free of cost upto 25 pages and beyond this limit, prescribed fees may be charged as per RTI Rules, 2012 by the CPIO," the order said..The directions shall be complied with by the CPIO within 15 days from the date of receipt of the order. .[Read Order]