“Legally India” responds to May 25 notice issued by Bar Council of India; says Manan Kumar Mishra’s actions as the BCI's elected chairman have tarnished the image of the institution

Responding to the notice dated May 25 issued by the Manan Kumar Mishra, Chairman of the Bar Council of India accusing it of defaming the Council by concealing and suppressing material facts in its reportage of news related to the Council particularly with reference to the conduct of the fourth and successive All India Bar Examination (AIBE), Legally India has sent an exhaustive 46 page reply denying all allegations leveled against it.The notice was issued by Mr. Mishra on behalf of the Council following a report titled “RTI’d minutes of BCI reveal how multi-crore bar exam contract was awarded to mystery 5th bidder ITeS Horizon #longread” that was published by Legally India on May 19, 2015.The said story narrated how the ‘multi crore’ contract to conduct the fourth and subsequent AIBEs was awarded to a NCR-based software outsourcing company ITeS Horizon Pvt Ltd. over four rival bidders: Rainmaker, which conducted the first three bar exams; Rs 55,000 crore global company Pearson Vue, which calls itself the “leading provider of global computer-based testing solutions” on its website; assessment and testing services company Aspiring Minds; and legal judgment database and publisher Manupatra with Universal Legal.The relevant portions of the said report which led to the issuance of the notice by Mr. Mishra on behalf of the Council are as follows:“Around 25 June 2012, the BCI called for tenders from agencies to conduct the next AIBE [link to cached copy of call for tender]. Applications were to be received by the BCI on 30 June 2012 with a demand draft of Rs 2,000.According to minutes of a BCI meeting dated 28 July and 30 July 2012, four contractors had appeared and bid for the job: Aspiring Minds, Rainmaker, Pearson Vue and Manupatra Information Solutions. However, one printed line at the bottom of the 30 July minutes, slightly out of alignment with the rest of the text, stated that “subsequently ITeS Horizon Pvt Ltd was represented by Ms Rubab Khan”. ITeS chief executive officer (CEO) Khan’s signature and the 30 July 2012 date appears on the minutesOn 1 August 2012 Legally India had reported an authoritative BCI source saying that only four companies had applied for the tender. However, on 7 September 2012 BCI chairman Manan Kumar Mishra had told Legally India that those four companies had been rejected and the contract was awarded to ITeS instead as the BCI had decided to carry out a larger share of work internally.A more comprehensive set of minutes prepared after 30 July 2012 includes the initial bids of all five bidders, including ITeS, as well as the revised bid rates that were submitted by the vendors between 30 July and 2 August 2012.”The report further continues, “In the new July 2012 tender, the cheapest revised bids came from Rainmaker, Pearson Vue, followed by ITeS.Manupatra quoted the lowest amount for repeat candidates for whom no materials would have to be prepared.In the 2012 tender according to the second set of minutes, on 2 August 2012 Rainmaker offered to conduct the AIBE for Rs 500 for any candidate if no hardcopy preparatory materials were required to be sent out. Its initial bid of 30 July pitched with rates of Rs 900 for first time test takers for whom printed materials were required, and Rs 500 for repeat candidates who had failed a previous exam (and would therefore not require additional preparation materials).Rainmaker said in the tender according to the minutes that it had an annual turnover of Rs 4 crore and would conduct the exam by 15 October 2012.Full disclosure: Rainmaker is an advertiser on Legally India. Pearson Vue bidPearson Vue is a company that runs the LSAT-India law school admissions test and other competitive exams globally and in India, claiming a Rs 55,000 crore global revenue according to the minutes recording its bid.Pearson offered to conduct the 2012 bar exam without study materials at a cost of Rs 545 per candidate in 2012, increasing the fee to Rs 595 per candidate by 2013, and Rs 645 per candidate by 2014.With study materials, the company had initially quoted Rs 670 per candidate. It had said it would conduct the exam within three months.Full disclosure: Pearson Vue has been an advertiser on Legally India. Aspiring Minds bidAspiring Minds – a company that generates “over 22 crores in the field of assessment” according to its bid, had quoted Rs 675 for fresh candidates and Rs 500 for repeaters in its initial bid and does not appear to have submitted a subsequent bid.It is not clear from the minutes whether Aspiring Minds also submitted a quote with study materials. Manupatra bidFor first-time candidates, legal judgment database and publisher Manupatra quoted Rs 850 for the first exam, Rs 800 for the second exam and Rs 700 for the third exam, including study materials. For repeat candidates it quoted Rs 400 for repeat candidates without materials. Manupatra said it had a total turnover of Rs 22 crores including its publishing arm Universal Legal.ITeS...

“Legally India” responds to May 25 notice issued by Bar Council of India; says Manan Kumar Mishra’s actions as the BCI's elected chairman have tarnished the image of the institution

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