Universities & State Cannot Allot Law Colleges Which Are Not Recognised By BCI: Gujarat HC
The Gujarat High Court observed that universities or the State cannot allot law colleges that are not recognised or approved by the Bar Council of India (BCI).
The Bench granted interim relief to the M.S. Bhagat And C.S. Sonawala Law College until the next hearing. The Court stated that according to the Rules of Legal Education 2008, universities and the State cannot allocate students to unrecognised colleges.
A Single Bench of Justice Vimal K. Vyas observed, “Considering the aforesaid stance of the BCI, it is hereby directed that the BCI shall carry out the process of inspection at the earliest and the report in this regard shall be sent to the respective Universities/colleges on or before 15th June 2024, so that the entire process can be streamlined.”
Sr. Advocate SI Nanavati represented the petitioner, while AGP Dharitri Pancholi appeared for the respondents.
The Court had to determine whether either the Government or the University can allot students so far as the colleges which did not have any recognition or approval from the BCI.
A Coordinate Bench of the Court had earlier directed the University and the State of Gujarat, to file an affidavit making their stand clear with regard to the fact, whether either the Government or the University can allot students so far as the colleges who do not have any recognition or approval from the Bar Council of India.
The University responded by stating that the petitioner college, lacking requisite staff and BCI recognition, should not be allotted students to protect their interests.
The State of Gujarat, through its affidavit, pointed out the introduction of the Gujarat Common Admission Services (GCAS) portal from the academic year 2024-25. The portal aimed to streamline the admission process across government universities and affiliated institutions. However, the admission process for the three-year LL.B. course had been temporarily put on hold as the matter was sub judice.
The BCI assured the Court that it will take all the necessary steps in carrying out the inspection of the petitioner college at the earliest.
The State Government outlined efforts to recruit adequate faculty for these institutions. An advertisement for 22 law professor positions resulted in 14 appointments, with further steps being taken to fill the remaining posts. The State also addressed the need for appointing principals in various law colleges, with several No Objection Certificates already issued.
Consequently, the Bench held that “the Universities or the State cannot allot the students to colleges which are not recognized/approved by the BCI. Admittedly, at present, all the petitioners-colleges are not having any recognition/approval of the BCI. Therefore, the issues raised in the petitions deserve consideration.”
Accordingly, the High Court listed the matter for further hearing on June 20, 2024
Cause Title: M.S. Bhagat And C.S. Sonawala Law College v. Bar Council of India & Ors.
Appearance:
Petitioner: Sr. Advocate SI Nanavati; Advocate Mrugen K Purohit
Respondents: AGP Dharitri Pancholi; Advocates M.J. Mehta, Saurabh J Mehta, Manan Shah and Sudhanshu A Jha