Grams: ALINDIABAR, New Delhi Phone Fax": Off. (91) 011-89225011 E-mail: info@barcouncilofindia.org Website : www.barcouncilofindia.org aR aifta aie sfsar BAR COUNCIL OF INDIA at. sure. avait aren afta 2, ase Yay Sader oat J. R. Sharma ag fee - 110 002 ALM, 21, Rouse Avenue Institutional Area ug ecr New Delhi - 110 002 Officiating Secretory Date: 23.12.2010 Beip: | 89/2010 (RTN) To, Mr. Anup Surendranath, Ref.: Order dated 10.11.2010. Sir, 1 am forwarding herewith a certified copy of order dated 10.11.2010, passed by Appellate Authority of Bar Council of India in your appeal dated 19.10.2010 under Section 19(1) of the Right to Information Act, 2005 for your information: Yours faithfully, J. R, Sharma Officiating Secretary/ Central Public Information Officer Encl.: As aboveGrams Fax E-mail Website ALINDIABAR, New Delhi Off. (91) 011-49225011 Info@barcouncilofindia.org \wwrw.barcoundiiofindia. org Phone : 49225000 ar ait site sftsar BAR COUNCIL OF INDIA Appellant Respondent 21, waa tay edgar gitar ag ech - 110 002 21, Rouse Avenue Institutional Area Shri Shashi Shekhar, ‘New Delhi - 110 002 Central Public Information Officer, Bar Council of India. Order Dated > 10.11.2010 Sub.: Seeking information under Right to Information Act, 2005. Ref.: Your RTI appeal dated 19.10.2010 under Section 19 of Right to Information Act, 2005. Sir, We have received your appeal under Section 19 of the Right to Information Act, 2005 dated 19 October, 2010, arising from your RTI application dated 10% August 2010. The response to the information sought by you is given below seriatim, Query No.1 Ans. No.1 > > In response to query no. 10 in original RTI application dated 10% August 2010, where I had sought all contracts/ memorandums of understanding and/or agreements between the Bar Council and the Rainmaker, the Bar Council of India has claimed an exemption under Section 8(1)(e) of the RTI Act, 2005 as information available in a fiduciary relationship. Apart from requesting you to reconsider the Bar Council of India’s position that this is information available in a fiduciary relationship, I would also request you to provide this information in the ‘larger public interest’ as provided in Section 8(1)(e) of the RTI Act 2005. Since this information reiates to the ‘spending of public money, I would request you to provide this information even if the Bar Council of India believes it to be information available in a fiduciary relationship. ‘The information is exempt from disclosure as per Section 8(1)(e) of the Right to Information Act, 2005. The money received from the AIBE would be d diligently and meticulously for legal education reforms. The Council is conscious that this is public money. A large part of the money will cover the costs of the All India Bar examination itself.Query No.2 Ans. No.2 Query No.i Ans. No.i > > > > In response to query no 11. In my original RTI application, where information was sought on the amounts already paid and also on amounts proposed to be paid by the Bar Council to Rainmaker, the Bar Council of India has only stated that no money has been paid to Rainmaker. As is evident, the information sought on amounts paid in the future to Rainmaker has not been provided. I request you to provide information on the amounts that the Bar Council of India will pay Rainmaker in the future. The amounts paid by the Bar Council to the Rainmaker are on account payments and cannot therefore be predicted. The said payments are linked with the number of graduates seeking to appear in AIBE, 2010. The payments are being made out of monies received as application fees. In your appeal you had sought for refund of Rs.500 as per sec. 7(6) of the RTI Act alleging that the Bar Council did not respond to RTI within 30 days. It is brought to your attention that the RTI application dated August 10, 2010 was received by the Bar Council on August 23, 2010 and the reply was sent on September 21, 2010. I bring to your attention that the reply was sent within 30 days from date of receipt of your application and hence you are not entitled to the refund. Also please find below the additional and correct information, not rendered earlier in Response vide letter BCI:D:74/2010 (RTI) dated September 21, 2010, with regard to your RTI application dated August 10, 2010. Whether any public notification was issued inviting proposals to partner the Bar Council of India in conducting the All India Bar Examination? If so, a copy of the public notification may kindly be provided. Since the direction to implement the AIBE was issued by the Hon'ble Supreme Court in Bonnie Foi Law College v Bar Council of India [SLP No. 22337 /2008] in proceedings pending before it, no public notification was issued inviting proposals to partner the Bar Council of India (BCI) to conduct the All India Bar Examination (AIBE). Hon’ble Supreme Court in Bonnie Foi case was pleased to direct the implementation of All India Bar Examination on the basis of Three Member Committee Report on standards of legal education and the profession. Reports regarding the above stated case were published in the print media and various organisations/companies approached the Bar Council of India with various proposals and roadmaps for implementation of bar examination and for several other reform programmes includingQuery No.ii Ans. No.ii Query No.iii Ans. No.iii Query No.iv Ans. No.iv CLE programme, database of lawyers, students, law colleges etc. The Bar Council also explored’ the possibility of enlisting the assistance of IITs/IIMs but since they did not possess relevant expertise on conducting the law examination the Bar Council had to look for other vendors. Kindly have a look at the interview of Hon’ble Chairman on the following link: http://www legallyindia.com/201007131088/Law- schools/bar-exam-qaa-with-gopal-subramanium- postponing-exam-disastrous-concession-being- discussed ‘The Bar Council of India considered the proposals of the organisations/companies which approached the Council and shortlisted Rainmaker after detailed presentations by the organisations/ companies. Those who made such proposals include Tata Consultancy Services (TCS) and SIFY Technologies Ltd. In the absence of a public notification, kindly Provide information on the process adopted to call for proposals from organisations/ companies/ institutions etc to partner the Bar Council of India in conducting the AU India Bar Examination. Please refer to the Answer to Query No (i) A list of organisations/ companies/ institutions etc that submitted proposals to partner the Bar Council of India in conducting the AU India Bar Examination. Tata Consultancy Services, Sify, Imaging Solutions Delhi and Rainmaker are the organisations/companies which submitted _ its proposal to partner the Bar Council of India in conducting the All India Bar Examination. Information on the process and criteria adopted to shortlist organisations/companies/ institutions etc. as potential partners to conduct the AU India Bar Examination, including details of any points systemy criteria adopted to rank the various shortlisted organisations/ companies etc., details of the composition of selection panel etc. ‘The criteria for short listing was expertise in law- oriented solutions along with implementation of concomitant reforms in legal education such as UIN, digitization etc. Rainmaker was appointed to partner by the Bar Council of India after they represented and warranted that they have requisite domain and expertise in law along with information technology needed to implement legal education reforms.Query No.w Ans. No.v Query No.vi Ans. No.vi Query No. vii Ans. No.vii Query No. viii Ans. No. viii Query No.ix Ans. No.ix Query No.x Ans. No.x Query No.xi > > > List of shortlisted organisations/ companies/ institutions ete. Please refer to the answer to queries No. iii & iv. The minutes of any meeting where awarding the contract to conduct the AU India Bar Examination was on the agenda. ‘The decision to sign an MoU with Rainmaker and to confirm its terms was taken at the Executive Committee meeting of the Bar Council of India dated 05.06.2010 vide Item No. 41/2010. AU records which the Bar Council of India has of communication, including e-mails and any attachments therein, between any officials/ employees of the Bar Council of India and any employee/ consultant of Rainmaker prior to the date of Rainmaker being awarded the contract to partner with the Bar Council of India in conducting the All India Bar Examination. These have already been furnished to you in response to your original request. The proposal submitted by Rainmaker to the bar council of India to partner the Bar Council of India in conducting the All India Bar Examination. Please refer to answer to query No. vii above. AU proposals submitted to the Bar Council of India by organisations/ companies/ institutions etc to partner the Bar Council of India in conducting the All India Bar Examination, irrespective of whether they were shortlisted. As mentioned above, the proposals were submitted by Sify, Tata Consultancy Services and Imaging Solutions Delhi All contracts/memorandums of understanding and/or agreements between the Bar Council of India and Rainmaker ‘The information is exempt from disclosure as per Section 8 (1)(e) of the Right to Information Act, 2005. The money received from the AIBE would be used diligently and meticulously for legal education reforms. Information relating to the amounts paid by the Bar Council of India to Rainmaker till date, and information relating to the amounts proposed to be paid by the Bar Council of India to rainmaker in connection with the All India Bar Examination.Ans. No.xi Query No.xii Ans. No.xii > > The payments are being made on account. The details of amount finally paid will be available on or after 25.12.2010. Information relating to whether the Bar Councit of India stands to monetarily benefit in any way from the conduct of the All India Bar Examination, and if so, how the proceeds are to be utilised. ‘The Bar council of India would receive monies by the conduct of All India Bar Examination and after meeting the expenses the proceeds would be used for implementation of Educational Reforms like establishment of National Academy for Law Teaching and Continuing Legal Education, Certified to be a True Copy J. R. Sharma Officiating Secretary Bar Council of India