Central Information Commission
K Swapna vs Bar Council Of India on 3 February, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मार्ग, मुनिरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
द्वितीय अपील संख्या / Second Appeal No. CIC/BCOIN/A/2024/101133
Smt. K Swapna ... अपीलकर्ता/Appellant
VERSUS/बनाम
PIO, Bar Council of India ...प्रतिवादीगण /Respondent
Date of Hearing : 30.01.2025
Date of Decision : 30.01.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 04.09.2023
PIO replied on : 10.10.2023
First Appeal filed on : 18.10.2023
First Appellate Order on : NA
2ndAppeal/complaint received on : 16.01.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 04.09.2023 seeking information on the following points:-
"1. College timings of Mahatma Gandhi Law College, beside Ranga Reddy District Court, N.T.R. Nagar, Hyderabad, Telangana State. Is this College offering law courses in evening shifts? If yes, furnish the names of the students attending evening shifts in the said college.
2. Does anyone can do LLB without qualifying in Lawcet? If yes, what are the options for doing such LLB Degree?
3. How many Government employees got admission in Mahatma Gandhi Law College, beside Ranga Reddy District Court, N.T.R. Nagar, Hyderabad, Telangana State by qualifying themselves in Lawcet for the A.Υ. 2021-227 Kindly furnish their names and the Departments they are working in. Also furnish NOC/Proceedings issued by the concerned Departments.
4. Can a government employee get an admission in Mahatma Gandhi Law College, beside Ranga Reddy District Court, N.T.R. Nagar, Hyderabad, Telangana State in Management quota? If yes, how many Government employees got admission in the sald College through Management Quota for the A.Y. 2021-22?
5. How many seats will be allotted in the Management Quota in Mahatma Gandhi Law College, beside Ranga Reddy District Court, N.T.R. Nagar, Hyderabad, Telangana State. Etc."
The CPIO vide letter dated 10.10.2023 replied as under:-
Page 1 of 4"As regard query 1 As per Rule 5. Schedule III, Chapter VI, Part IV of Rules of Legal Education, 2008 a Centre of Legal Education may conduct the classes between 8 AM to 7PM and as per Rule 2(xxiii) minimum 5 and a half hours regular virtuales has to be conducted with an additional half an hour recess every working day. There is no concept of evening classes in Rules of Legal Education, 2008.
As per query 2 Refer Rule 5(Eligibility for admission), Chapter II, Part-IV of Rules of Legal Education of Bar Council of India Rules. The said rule is available on the website of Bar Council of India. I am quoting the same:
5. Eligibility for admission:
(a) Three year Law Degree Course. An applicant who has graduated in any discipline of knowledge from a University established by an Act of Parliament or by a State legislature or an equivalent national institution recognized as a Deemed to be University or foreign University recognized as equivalent to the status of an Indian University by an authority competent to declare equivalence, may apply for three years degree program in law leading to confernment of LL.B. degree on successful completion of the regular program conducted by a University whose degree in law is recognized by the Bar Council of India for the purpose of enrolment.
(b) Integrated Degree Program: An applicant who has success fully completed Senior Secondary School course (plus 2) or equivalent (such as 11 plus 1, A level in Senior School Leaving Secondary Board or equivalent, constituted or recognized by the Union or by a State Government or from any equivalent institution from a foreign country recognized by the government of that country for the purpose of issue of qualifying certificate on successful completion of the course, may ally for and be admitted into the program of the Centres of Legal Education to obtain the integrated degree in law with a degree in any other subject as the first degree from the University whose such a degree in law is recognized by the Bar Council of India for the purpose of enrolment.
Provided that applicants who have obtained plus 2 Higher Secondary Pass Certificate or First Degree Certificate after prosecuting studies in distance or correspondence method shall also be considered as eligible for admission in the Integrated Five Years course or three years LL.B. course, as the case may be.
Explanation: The applicants who have obtained 10 plus 2 or graduation/post graduation through open Universities system directly without having any basic qualification for prosecuting such studies are not eligible for admission in the law courses.
Refer Rule 7, Chapter II of Legal Education Rules 2008 which prescribed minimum marks in qualifying examination for admission is given below:
Minimum marks in qualifying examination for admission: Bar Council of India may from time to time, stipulate the minimum percentage of marks not below 45% of the total marks in case of general category applicants, 42% for OBC category and 40% of the total marks in case of SC and ST applicants, to be obtained for the qualifying examination, such as plus 2 Examination in case of Integrated Five Years course or Degree course in any discipline for Three years LL.B. course, for the purpose of applying for and getting admitted into a Law Degree Program of any recognized University in either of the streams. Provided that such a minimum qualifying marks shall not automatically entitle a person to get admission into an Institution but only shall entitled the Page 2 of 4 person concerned to fulfill other Institutional criteria notified by the institution concerned or by the government concerned from time to time to apply for admission.
As per rules only under graduate percentage is considered as mentioned in Rule-7. If any person get less than prescribed percentage in his graduation and at the same time, if he get the prescribed percentage or its above in his post graduation may consider for admission in LL.B course subject to the condition that the university should be recognized by the University Grants Commission. The relevant resolution is quoted hereunder:
It is clarified that person who is having below 45% marks at the Graduation Level but having 45% or more than 45% marks in the Post Graduation level is eligible to take admission in three year law course, if he is otherwise qualified as per the rules of the Bar Council of India.
As regard query 3 No such list/information is available with the office of BCI, hence no information can be furnished.
As regard query 4, 7,8,14 It is to inform that the LL.B. is a regular course and minimum 5 and a half hours regular class is required between 8 AM to 7 PM from Monday to Friday and minimum 70% attendance is required as per the Legal Education Rules. Institution can run law courses as per 2(xxiii) between 8 AM to 7 PM and minimum 5 and a half hours regular virtuales has to be conducted with an additional half an hour recess every working day. Etc."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 18.10.2023 which was not adjudicated by the FAA.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission dated 27.01.2025 has been received from the CPIO, Bar Council referring to the reply dated 10.10.2023 sent by the PIO.
Written submission dated 18.01.2025 has also been submitted by the Appellant which has been duly taken on record.
Hearing was scheduled after giving prior notice to both the parties.
Appellant: Present through video conference Respondent: Shri Ashok Kumar Pandey - Secretary, BCI was present during hearing.
The Appellant stated that she was not satisfied with the reply received from the Respondent, while the Respondent contended that information available on official records and as deemed appropriate was furnished to the Appellant, in terms of provisions of the RTI Act. He added that the BCI lays down the rules for legal education and is a regulator of the same. Accordingly information held by the BCI have been duly furnished to the Appellant. The Appellant's queries emanate from her complaint about some specific student who is pursuing law education from the Mahatma Gandhi Law College, Ranga Reddy and is also a Page 3 of 4 government employee. However the information sought by her are not held by the BCI and hence the same could not be answered by them.
Decision Upon perusal of records of the case and hearing averments of the parties, it is noted that appropriate response has been sent by the Respondent, in accordance with the provisions of the RTI Act. The Appellant's grievance cannot be redressed through the RTI mechanism. Considering the fact that appropriate response in terms of provisions of the RTI Act has been duly provided by the Respondent, no further intervention is warranted in this case under the RTI Act. The appeal is disposed off accordingly.
Heeralal Samariya (हीरालाल सामरिया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अभिप्रमाणित सत्यापित प्रति) S. K. Chitkara (एस. के . चिटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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