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The Central Information Commission (CIC) has asked the Bar Council of India (BCI) to disclose the reports of inspections conducted at law colleges in the public domain stating that it will benefit the student community at large.

The above was held in an appeal filed by one Prasoon Sarkar seeking the list of colleges that are not found fit after inspection between 2016-20. Sarkar had also sought a list of colleges whose affiliation were cancelled by BCI in the said time period along with a list of persons who did the inspection. Sarkar had also demanded the information as to how frequently the inspection of colleges is done by BCI.

The BCI through its Public Information Officer (PIO) had replied that the information sought by Sarkar was voluminous and therefore, Sarkar was asked to physically come and inspect the same. Sarkar appealed against this order before the appellate authority, however the order of PIO was upheld. Sarkar subsequently approached the CIC. 

The authority appearing for BCI submitted before the CIC that the aspect of suo motu disclosure is not before the Commission for adjudication in this case.

It was also submitted that the BCI website is in the process of being upgraded and eventually all suo motu disclosures would be available there.

He clarified that BCI does not upload/place the inspection report of colleges in the public domain because it may create unnecessary confusion and speculation amongst the stakeholders as the fact-finding committee/inspection committee only renders its opinion on the question of approval.

The authority argued that the final decision is based on the findings of the Legal Education Committee which is comprised of members from distinguished backgrounds including that of the retired justices of the High Courts & the Supreme Court and it is this final approval that is placed in the public domain indicating the status of the colleges.

CIC noted that the authority, FAA , burst into frenzied arguments with Sarkar for bringing up allegations of lack of transparency.

Further, on hearing the arguments, it noted that regarding the information sought in the RTI Application there was no infirmity in the reply of the CPIO as Sarkar was provided a factual reply while also being offered an inspection of the available and relevant records.

However, the Commission found 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.

The commission, therefore, directed the FAA to place the order before their competent authority to ensure that action is expedited with respect to the up-gradation of the BCI website.