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Judgment
Rakesh Tiwari, J.--
Heard counsel for the parties and perused the record.
Since the facts and law points involved in these connected petitions are same, they are being decided by this common judgment. Civil Misc. Writ No. 70198 of 2005 is being decided as the leading case.
The case was listed on 10.8.2006 for admission when the parties informed the Court that counter and rejoinder-affidavits have been exchanged. It was impressed by the counsel for the Petitioner that the matter was of urgent public importance as admissions in the University of Allahabad for session 2006-2007 are going on.
After hearing the counsels for the parties and with their consent, the case was put on board on 11.8.2006, for hearing at the admission stage itself. The counsel for the university was also directed in the circumstance, to place all the relevant records pertaining to the controversy in the two writ petitions before the Court on the date fixed.
The cause giving rise to the petitions arises from an advertisement dated 19.10.2005, published in Times of India from Lucknow, by which it was informed that the entrance test for the LL.B. (five year) integrated law course introduced by the Allahabad University, stated to be held on October 23., 2005 has been postponed once again and that a decision to hold the test in the next session, i.e. 2006-2007 had been taken in a meeting dated 18.10.2005 presided by the Vice Chancellor, attended by the Deans of the Four Faculties, besides the coordinator of the course and the Registrar.
It was reported that the meeting aforesaid was convened with regard to the legal status of holding the entrance test for admission to the proposed LL.B. (five year) integrated law course wherein the committee felt that as the first ordinances were not in place, fresh courses cannot be introduced; committee was also of the view that proposed course and its fee structure be placed before the new academic and executive councils for approval and option was given to the candidates for refund of their application form and test fee.
The reliefs in the aforesaid writ petitions are substantially for direction to the Respondent-Allahabad University to hold LL.B (five year) integrated course for the sessions 2005-2006 and start the same at the earliest as well as for grant of any other relief the Petitioners are found entitled by the Court.
The prayers in the Civil Misc. Writ No. 70198 of 2005 are as under:
...to issue a writ, order or direction:
(a) in the nature of mandamus directing the Respondents to start the five years integrated law course from the session 2005.
(b) in the nature of mandamus directing the Respondents to issue fresh date of LL.B. five year course entrance/ admission test 2005 at the earliest.
(c) to which relief the Petitioner may be found entitled by this hon''ble Court.
(d) to award the costs of the writ petition
The prayers in the Civil Misc. Writ No. 69040 of 2005 are as under:
(i) issue writ or direction in the nature of certiorari quashing the notification dated 19.10.2005 (Annexure-6 to the writ petition) which was published in the news paper ''Times of India'' Lucknow.
(ii) issue writ or direction in the nature of mandamus directing the Respondents to hold the admission test for LL.B (five years) integrated course for the session 2005-06 in the very near future.
(iii) any other relief which this hon''ble Court may deem fit proper in the facts and circumstances of the case may be given to the Petitioner.
(iv) award costs of the writ petition in favour of the Petitioner.
An amendment application was moved in the leading case-Civil Misc. Writ No. 70198 of 2005 for adding the following prayer:
(e) to issue a writ, order or direction in the nature of mandamus directing the Respondents to start 5 years integrated law course from the sessions 2006.
Since LL.B. (five year) integrated course could not be started in session 2005-06 allegedly as the university could not complete the formalities in time, it was proposed to start the said course from academic session 2006-07, the amendment was allowed after hearing the counsel for the parties for grant of effective reliefs in the writ petition.
CENTRAL STATUS OF THE UNIVERSITY-PAST AND PRESENT
The University of Allahabad was the fourth university established on 23rd September, 1887 by Act No. XVIII of the then central legislation. By the Indian Universities Act passed in 1904, it jurisdiction was limited to the United Provinces of Agra and Awadh; to the Central Provinces of Berar, Ajmer, Mewar and to the majority of the States of Rajputana and Central Indian agencies. The Ministry of Human Resource Development, Department of Secondary and Higher Education, Government of India, Shastri Bhavan, New Delhi, in exercise of powers conferred by Sub-section (2) of Section 1 of the University of Allahabad Act, 2005 (26 of 2005) vide notification dated 1.7.2005, appointed 14th day of July, 2005 as the date on which all the provisions of the Act shall come into force by which the status of Allahabad University would transform from the State University to that of Central University.
The teaching of laws in the Allahabad University began from Muir Central College from 31st December, 1872, which was at that time affiliated to Calcutta University (established in 1857). The university at present has three years degree course in law apart from two years LL.M. degree and LL.D., a post doctoral degree course, i.e., the Department Faculty of Law at Allahabad University awards degrees in law at undergraduate, post graduate and at doctoral and post doctoral levels.
BACKDROP
In keeping pace with time, need was felt by the board of studies for reforms and innovations to keep in pace with emerging new concepts in the Faculty of legal education to meet the challenges of new world of law by providing law course in cyber law, human rights, intellectual property, environmental law etc., in addition to constitutional, criminal and personal law, the board of studies of the University of Allahabad decided to launch LL.B. (five year) integrated law course (hereinafter referred to as ''Five Years integrated Law Course)-a self financing programme in close association with other faculties of the university with following aims and objects:
To expand the horizons of legal knowledge for full growth of human personality and well being of mankind.
To offer an opportunity to pursue studies in law at the earliest possible age to those aspiring to opt for a career in law.
To devise, develop and apply new teaching techniques, research methods and arrange extension programmes in legal education.
To strive to develop better human resource for trade, industry, public administration, departments of law and justice.
To promote studies in law, legal institutions and processes of justice in close context of the knowledge of other discipline having a vital bearing on human behaviour and society in all aspects.
To strive to instil among the students an ardent activistic fervour towards our constitutional values, international peace and a just social order.
To endeavour to undertake studies in existing and emerging challenges before the Indian and international society and assess and examine the role and importance of law in their resolution.
The course thus aimed at offering instructions in subjects having enormous potential of employment and which have acquired great social, economic and administrative relevance in the contemporary society. In this course the teaching methods are said to have been so devised so as to enable the students to have a clear grasp of the principles of law, their application in problems around them in the society, and inculcate in them a vision for the reforms of social processes through the instrumentality of law. The students are to be trained in excellent, effective and convincing communication and expression of the matters in speech as well as in writing.
The aims and objectives for introducing the LL.B. (five year) integrated course have to expand the horizons of legal knowledge for full growth of human personality and well being of mankind; to offer an opportunity to pursue studies in law at the earliest possible age to those aspiring to opt for a career in law; to devise, develop and apply new teaching techniques, research methods and arrange extension programmes in legal education; to strive to develop better human resource for trade, industry, public administration departments of law and justice; to promote studies in law, legal institutions and processes of justice in close context of the knowledge of other discipline having a vital bearing on human behaviour and society in all aspects; to strive to instil among the students an ardent activistic fervour towards our constitutional values, international values, international peace and a just social order and to endeavour to undertake studies in existing and emerging challenges before the Indian and international society and assess and examine the role and importance of law in their resolution.
To achieve the aforesaid purpose, aims and objects, decision was taken at various levels by the university and status reports were submitted from time to time to introduce and start the five year integrated law course from session 2005-06. The vision and relevant status reports are as under:
Vision
(i) To run the course at par with other model law institutes/universities of the country and to produce better chiseled professionals in the field of law.
(ii) To raise the faculty of law, in the due course of time to the status of an institute of higher learning and research in the field of law.
Status-report of the programme
(a) The process to start the programme was initiated by the university in the beginning of the year 2004 itself and in one of the meetings held for the purpose.
It was then decided to run the proposed LL.B. five year programme alongwith the existing three year programme.
(b) Several meetings were held thereafter to take policy decisions for starting the programme under the chairmanship of the then Vice Chancellor in which the teachers of the law department including the Head and Dean, Faculty of Law Prof. H. N. Tiwari and the programme coordinator Prof. B. P. Singh participated alongwith the then Registrar, Finance Officer, the Dean Students Welfare.
(c) The university then decided to start the LL.B. five year programme w.e.f. session 2005-06 on self financing basis.
Status report of the aforesaid course:
(a) Several meetings were held to take policy decisions for starting the programme under the chairmanship of the Vice Chancellor in which the teachers of the law department including the Head and Dean, Faculty of Law, Prof. H. N. Tiwari and programme coordinator Prof. B. P. Singh participated alongwith the then Registrar, Finance Officer, the Dean Students Welfare.
(b) The university then decided to start the LL.B. five year programme w.e.f. session 2005-06 on self financing basis.
(c) Ordinances for the course considered and passed by the Board of Studies of Law and Faculty Board of Law dated 14.5.2005.
(d) The aforesaid ordinances were approved by the then academic council of the university in its meeting dated 21.6.2005.
(e) Full preparations were made by the department and applications from students invited for the course in anticipation of the approval of the ordinances by the executive council. The entrance test was scheduled on 23.10.2005.
(f) The Bar Council of India visited the Faculty of Law and has already given its approval for starting the programme w.e.f. session 2005-06.
(g) The aforesaid test was postponed as the ordinances could not be placed before the executive council. Applicants were asked either to get their fees refunded or to wait for the session 2006-07.
(h) More than half of the applicants are still waiting and have not taken back their application fees .
Developments:
(1) Detailed ordinances prepared and approved by the then academic council of the university.
(2) The Bar Council of India team visited the faculty and has given its approval for starting the course.
Constraints:
(1) Infrastructural facilities to be added.
(2) The ordinances are awaiting approval of the executive council of the university.
Infra-structural requirements:
(1) Separate faculty building
(2) Hostel for students
(3) One guest house
(4) Residences of teachers and non-teaching staff of the faculty
(5) students activity centre
(6) One auditorium
Faculty positions and administrative staff:
To be added and decided after discussion. However, in the first two years (i.e. Pre Law Course) more than 90% teaching to be done by teachers from the discipline of social sciences.
FROM THE RECORDS OF THE UNIVERSITY:
The spade work to start the aforesaid law course, as appears from record, had begun in year 2003. Some important decisions taken by the committees in this regard having bearing on the reliefs may be referred to in extentso.
A meeting of the law faculty members was held on 19.12.2003 under the Chairmanship of Vice Chancellor to assess the feasibility and viability of starting LL.B. five year integrated course from the session 2004-05 in the university. The meeting considered, at length, the issues involved and suggested that following steps be taken in this regard:
Academic Requirements:
Semester based programme being a mandatory requirement of Bar Council of India has to be introduced.
Distribution of subjects/ course in each semester should be finalized and the university should officer best courses for LL.B. students.
Course content for each paper should be finalised by small committees of specialized teachers of that field.
Suitable faculty for different courses to be chosen from among teachers of that particular discipline.
Ordinances for examination system to be drawn up and the faculty will have to take the responsibility for timely examination and results.
A workshop should be held to give a definite shape to the system. In this workshop, Judges, senior advocates and representative faculty from institutes and university law faculties conducting five years LL.B. course should participate.
The university should provide facility for a team of two teachers to visit Bangalore National Law University for a week to study their system and to give final shape to our system.
Efforts should be made to fill up the eight vacant post of teachers in the law department.
Infra-structural requirements:
To run LL.B. five years integrated programme alongwith the existing three year programme separate infra structures will be needed.
The Pro-Vice Chancellor also recalled that at one stage the State Government offered to provide one time grant of Rs. Ten crores to Allahabad University for creating an Integrated Law Institute at Allahabad.
It was suggested by the Pro Vice Chancellor Prof. Janak Pandey that a building plan for one of the best law institutes of the country should be prepared though an approved architect and H.R.D. Ministry/U.G.C. should be approached for one time suitable grant for the proposed institute.
The proposed plan, it was suggested should include construction of a complex containing ten lecture-halls, office space, ten room for teachers, laboratory, library and hostel accommodation for boys and girls. Facility for an auditorium and a cafeteria should also form part of the entire plan.
Thereafter, in the meeting of teachers of the department of law held on 6.1.2004 in the Dean''s Chamber to consider as to how best to proceed with the introduction of LL.B. five year integrated degree course from the academic session 2004-05, the following resolutions were passed:
The five year integrated course is different from the three years course as regard its content of subjects, thrust, the type of candidates it would attract at the former should run in addition to and independent of the latter, in the larger interest of law aspiring students.
Since most of the work regarding framing of ordinances for the admission test is already complete, efforts be made to ensure that it gets its final shape after being duly passed by the concerned statutory bodies in about a complete of weeks.
The advertisement for holding the said admission test should be made in the month of March, 2004.
Before setting the admission process in motion, a humble request be made to Hon''ble the Vice Chancellor for his kind orders with respect to following infra-structural components:
(i) Accommodation for class rooms, library and office.
(ii) Furnitures necessary for the class room, office and library.
(iii) Office and library staff.
(iv) Fixation of honorarium and conveyance allowance to be paid to resource persons.
A meeting under the Chairmanship of Prof. H.R. Singh, Vice Chancellor was held on 30.3.2005 with teachers of the Law Faculty regarding starting of LL.B. five years programme. The following points were discussed and decisions taken in the said meeting:
The coordinator apprised the Vice Chancellor that the existing law faculty building in the Chatham Lines is not suitable for starting LL.B. five years programme because (i) the building is insufficient and (ii) it may also cause administrative problems in holding the classes alongwith the students of LL.B 3 year programme. Some alternative buildings were suggested for this course and namely the Pravesh Bhavan, the Indira Gandhi Social Science Centre and the newly built portion of the M.B.A. building.
It was decided that providing a suitable building for the course is a must and it will be decided in the meeting of all the Dean''s and the Registrar.
The coordinator also pointed out that in order to attract students from far off places and other States it would be necessary that hostel accommodation is provided to them. If a decision to this effect is taken it may be advertised and may attract students from outside the State also.
It was decided that the decision of this matter will be taken in the meeting of all the Deans alongwith the D.S.W.
The coordinator informed that wherever the LL.B. five year programme is being run in the country the students are engaged for a period of 8 to 10 hours everyday. Therefore, to look into the management of classes discipline of students and routine working of the office, either a full time administrative officer may be appointed or a committee of teachers may be constituted for the purpose. The Vice Chancellor provided a third alternative of appointing a suitable retired Professor for the job.
The matter for appointing staff in the office, library, computer lab etc., was also discussed and it was decided that a minimum number of persons in the class IV may be appointed on contract basis and if necessary some help may be taken from the existing staff of the law faculty on payment of some honorarium to them.
...
In another meeting held on 8th April, 2005, chaired by Prof. H. R. Singh, the then Vice Chancellor and attended by the Coordinator of the Course, the Registrar and the Finance Officer first of all, the fee structures of several universities/institutions, where the five-year (Integrated) course in law is currently being run were discussed. In particular, the fee structure of NALSAR Hyderabad, National Law School of India, University, Bangalore, National University for Judicial Science, Calcutta, National Law University, Jodhpur and Lucknow University, Lucknow were perused. The committee felt that the course being a self financing one, infra-structural facilities will have to be developed at a fast pace in order to facilitate the smooth conduct of the course. It was underlined that the University of Allahabad being one of the oldest and most prestigious seats of higher education and research in the country, it enjoyed an excellent reputation among the students, teachers and the general public and that the above mentioned course should be run with the glorious traditions of the University. In this concern, it was also maintained that the standard of instruction, the quality of the atmosphere and other facilities related thereto should be such as to fulfil the aspirations of the candidates who undertake the course. It was also decided that due consideration be given to the catchment area, the socio-economic conditions of that area and the paying capacity of the candidates seeking admission to the said course i.e., interest of the candidates who are genuinely interested in pursuing the said course, and also to keep the course financially viable.
In the light of the above discussions, the following fee structure was finalized:
1.
Tuition Fee
Rs. 30,000
Per annum
2.
Admission Fee
Rs. 1,000
For the entire course
3.
Library Deposit
Rs. 2,500
Refundable
4.
Academic support services
Rs. 4,000
Per annum
5.
Campus Dev. Fee
R. 1,000
Per semester
6.
Examination Fee
Rs. 1,500
Per semester
7.
Annual Dues
Rs. 500
Per annum
It was also resolved that the entire annual fee amounting to Rs. 43,000 shall be charged at the time of admission in the first semester of LL.B. part one. Thereafter, the annual fee amounting to Rs. 39,500 will be submitted each at the time of admission in the third, fifth, seventh and ninth semesters.
It was also resolved that the students who find accommodation in the hostels of the university will have to bear the hostel charges separately as per hostel rules.
It was also resolved that without prejudice to the fee structure, as above there shall be charged on the concerned candidates an admission test fee of Rs. 750 only.
The Ordinances for the LL.B. (five year) integrated course were passed by the Faculty Board of Law in its meeting held on 14th May, 2005, chaired by the Vice Chancellor and that a resolution was also passed in this regard in pursuance of the meeting of LL.B (five year) Integrated Course Admission Test Board held on 25.5.2005 authorizing the Vice Chancellor for taking appropriate decision for starting the aforesaid course in time.
The minutes of the aforesaid meeting are as under:
Minutes of the meeting of LL.B. (five year) Integrated Course Admission Test board held on 25th May, 2005 at 4.00 p.m. in the committee room of the Vice Chancellor with the Vice Chancellor as chairman. The meeting was attended to by the following:
1.
Prof. H. R. Singh, Vice Chancellor
Chairman
2.
Prof. K. G. Srivastava, Dean Arts
Member
3.
Prof. Hari Prakash, Dean Science
Member
4.
Prof. P. N. Mehrotra for the Dean Commerce
Member
5.
Prof. H. N. Tiwari, Dean Law
Member
6.
Prof. B. P. Singh
Coordinator
7.
Prof. L. M. Singh
Special Invitee
8.
Dr. B. L. Arya, Registrar
Secretary
In the beginning the Vice Chancellor informed the members that as per the information received from the coordinator LL.B. (five years) integrated course and the dean faculty of law, the ordinances for the course have been duly passed by the Faculty Board of Law in its meeting dated 14th May 2005. The meeting of the Academic Council has not been scheduled so far. The members of the board unanimously opined that undue delay will be caused if the university will wait for the passing of these ordinances from the Academic Council. It was, therefore, unanimously decided that the Vice Chancellor is fully authorized to take appropriate decision for starting the course in time and he should give effect to the ordinances passed by the Faculty Board of Law as the Chairman of the Academic Council.
Thereafter, the modalities and process envisaged in the ordinances for conducting the test and selecting students for admission to this course was discussed at length and following decision was unanimously taken by the board.
The number of seats in the course shall be 80. However, a few admissions of N.R. Is. (not exceeding five) may be done on supernumerary seats. The fee for N.R.I. candidates will be one thousand pounds, which will be accepted in the foreign currency only.
The tentative programme for entrance test and admission test was also discussed and it was decided that the admission test committee envisaged in the ordinances should chalk out the final programme for the test and admissions. But the process should be completed by the third week of August, 2005. The tentative date for the test was decided as July 31, 2005.
In the matter of number of application forms and the prospectus to be printed it was decided that the number should be kept such that any unnecessary financial burden is not caused to the university and it was decided that two thousand application forms and prospectus may be printed for the course. It was also decided that said advertisement for the test and admission to this course be given in the newspapers but the cost of the advertisement should be around Rs. one lakh.
Prof. L. M. Singh of the Department of Law was appointed as Director for the LL.B. (five year) Integrated Course Admission Test-2005 and the Board requested him to proceed for carrying out the test and the admission for the course expeditiously.
The meeting ended with a vote of thanks to the chair.
Dated 1.6.2005
Sd. Illegible (Dr. B. L. Arya) Registrar University of Allahabad Allahabad.
Thereafter, the Academic Council in its meeting dated 21.6.2005, resolved that recommendations of the Board of Studies in Law for starting LL.B. (five years) integrated course be accepted. It is as under:
The Faculty Board of Law considered the proposal/recommendation of the Board of Studies in Law to start LL.B. (five years) integrated (self financed) programme after 10+2 from the session 2005-06 in addition to the existing LL.B. III years programme.
The Faculty Board resolved that the recommendation of the Board of Studies in Law for starting LL.B. (five years) integrated programmers be accepted alongwith the proposed ordinances."
PETITIONERS'' CASE:
The grievance of the Petitioners is that even though they had been issued admit card for appearing in the entrance test for L.L.B. (five years) integrated course, yet the entrance examination was called off on 18.10.2005 till next academic session, arbitrarily and without any basis just five days prior to 23.10.2005, the scheduled date of entrance test.
The contention of counsel for the Petitioner is that the university has a public duty to impart quality education and that after all the preparations for starting the LL.B. (five year) integrated course, inviting applications for admission, announcing the date of entrance examination, accepting the examination fee and after distribution of the admit cards, the university is estopped from cancelling the same arbitrarily, jeopardizing the future of the students.
It is urged that reason given by the Respondent-university for cancelling entrance examination for the LL.B. (five years) integrated course 2005-06 that the course has not been approved by the academic and executive councils of the university is frivolous and incorrect as the said Course had been duly approved by the Academic Council of the University in the meeting chaired by the Vice Chancellor of the University on 21.6.2005. Reference, in this regard, has been made to Minutes of the Meeting of the Academic Council held on 21.6.2005, appended as Annexure IV to the writ petition, as under:
other language
That the Rent Control Act, 1972 be taught with U.P. Zamindari and Land Reforms Act and Indian Succession Act be taught with Muslim Law.
That Equity and I.P.R. (Intellectual Property Rights) be added to the existing list of optional subjects in LL.B.I Ind year (i.e. Criminology and Taxation) making the total number of optional subjects four out of which the students shall opt any two subjects.
The Faculty Board of Law considered the proposal of the Board of Studies in Law for starting the Certificate Programme in Intellectual Property Rights from Academic Session 2005-06 to impart knowledge to such persons who are interested in working in this new area of vocation which is emerging very fast.
It if further urged by the counsel for the Petitioner on the basis of Annexure-5 to the writ petition that a decision had been taken by the university for presenting an agenda on 22.6.2005, for approval by the executive council, which could not be held on that date as well as on 1.10.2005 the date rescheduled for meeting of the executive council. It is urged that even if the integrated five years law course had not been approved by the executive council, the Respondents ought to have taken steps for expediting the matter but for the lethargy on part of the university authorities and the executive council, the candidates have been made to suffer irreparable loss of a year and an academic session as the Petitioner could not get admission in any other course as the dates of submission of forms and admission in other courses had expired.
Attention of the Court was also drawn by the counsel for the Petitioner to Section 46(2) of the University of Allahabad Act, 2005 (26 of 2005) dated 23.6.2005, which is a validating clause. It is as under:
(1)...
(2) Notwithstanding such omission--
(a) all appointments made, orders issued, degrees and other academic distinctions conferred, diplomas and certificates awarded, privileges granted, or other things done (including the registration of graduates) under the Uttar Pradesh State Universities Act, 1973, shall be deemed to have been respectively made, issued, conferred, awarded, granted or done under the corresponding provisions of this Act and, except as otherwise provided by or this Act or the Statutes, continue in force unless and until they are superseded by any order made under this Act or the Statutes; and (b) ....
On the basis of validating clause, aforesaid, it is urged that all acts done under the U.P. State Universities Act, 1973, by the academic and executive councils shall be deemed to have been respectively done under the corresponding provisions University of Allahabad Act, 2005, hence when the approval had been granted by the academic council for running the LL.B. (five years) integrated course and the Vice Chancellor being chairman of the academic as well as executive councils, no further approval was required.
RESPONDENTS'' CASE:
Sri P. S. Baghel, counsel for the Respondent-university states that in order to avoid delay for holding of the entrance test on 31.7.2005, applications were invited from eligible students by paid advertisement in newspapers for admission to the LL.B. (five years) integrated course, in anticipation that the executive council will extend its approval to the ordinances for the aforesaid course, which had been processed and passed by the Faculty of Board of Law and Academic Council of the University of Allahabad. In response to the advertisement, 488 forms duly filled in were deposited by the candidates in the faculty of law for admission against 80 seats for the course.
It is submitted by Sri Baghel, learned Counsel for the Respondents that before the Academic Council could approve, the ordinances of the L.L.B. (five years) integrated course, the Allahabad University was transformed from State to Central University in pursuance of the University of Allahabad Act, 2005, which came into force w.e.f. 14.7.2005.
In the aforesaid background, reliance has been heavily placed by the counsel for the university on letter dated 22.7.2005 of the Ministry of Human Resource Development, Department of Secondary & Higher Education, Government of India, New Delhi, by which the Vice Chancellor was advised that as Central University status was being restored to the Allahabad University, no additional financial commitment may be made during the transition period. The letter is as under:
Sunil Kumar Ministry of Human Resource Joint Secretary Development, Deptt. of Secondary & Tel. No. 23382298 Higher Education, D.O. No. 32-1/205-Desk (U) Govt. of India, Shastri Bhavan, New Delhi.
Dated the 22nd July, 2005
Dear Prof. Singh,
It has been reported to us that in pursuance of a Government order dated 13th June, 2005, issued by the State Government of Uttar Pradesh for increase of seats upto 25% for admission to under graduate and post graduate courses, the University of Allahabad has decided in a meeting of the admission committee held on 20.7.2005, to increase the seats of 20% over the number of seats already increased during the academic year 2004-05.
In this regard, may I invite your attention to the advisory issued by the Ministry sometime back wherein it was stated that since the Central University status was being restored to the University of Allahabad, no additional financial commitment may be made during the said transition period. Now that the university has become a Central University w.e.f. 14.7.2005, with its first executive council and first academic council in place, the Central Government as well as University Grants Commission, which is the nodal funding agency, expect that the university will avoid ad hoc decision(s) overlooking the role and function of the statutory authorities created under the Parliamentary Act for the Central University. This would be all the more necessary in respect of such decisions as may have long-term financial implications. You would kindly appreciate that the decision to increase seats entails additional demand on the infrastructure of the university, and unless given a considered thought would impact the standards of education.
I am, therefore, desired to convey that all such decisions may await a proper consideration by the appropriate authority under a regular Vice Chancellor.
With warm regards
Yours sincerely Sd. Illegible (Sunil Kumar)
Prof. H. R. Singh, Vice Chancellor, University of Allahabad Allahabad, U.P.
It is urged by Sri Baghel, that in the aforesaid circumstances, it became necessary for the executive council to give its approval to the ordinances as in absence of such an approval, it was not possible to start the LL.B. (five years) integrated course. He further submits that after restoration of Central status to the University of Allahabad, when Prof. Rajendra Govind Harse joined as regular Vice Chancellor on 13.10.2005, he asked for information on the subject. In turn, the then Registrar, Allahabad University informed the Vice Chancellor about the legal status and impediments in starting the LL.B. (five years) integrated course by his note dated 16th October, 2005, as under:
The coordinator''s letter dated 7.9.2005 to the interim Vice Chancellor (pages 3-6) states that a meeting of teachers of the law department convened on 15.1.2005 under the charimanship of the then V.C. decided that the course should be started in addition to the existing LL.B. (three years) course from the session 2005-06. The Law Faculty Board meeting dated 14.5.2005, approved three draft ordinances for the LL.B. (five years) course, i.e. the general ordinances, ordinances relating to examination and award of degree and ordinances relating to admission (pages 24-39). The meeting dated 25.5.2005 (page 10) fixed 31.7.2005, as tentative date for the entrance test.
The ordinances were placed before the Academic Council on 21.6.2005. As stated in the said letter of the coordinator dated 7.9.2005 and in the minutes of the meeting dated 18.7.2005 (page 9), which are singned inter alia by the interim V.C., the ordinances were passed by the Academic Council. The draft placed before the executive council (as the meeting of the executive council has not been held after that date) and have not been circulated otherwise also.
Para 1 of the abovementioned minutes of the meeting dated 18.7.2005, records that the (interim) V.C. was requested to grant permission, as Chairman of the Executive Council, to hold the entrance test for the course in accordance with the ordinances approved by the Academic Council, but he directed that the decision on this matter be postponed till the arrival of the regular V.C. The abovementioned letter of the coordinator dated 7.9.2005, discloses (pages 5-6) that at this meeting the (interim) V.C. did not agree to the holding of the entrance test on 31.7.2005 on two grounds, i.e., firstly, the Bar Council of India had not given permission to run the course and secondly, the executive council had not approved the ordinances. It is stated in the same letter (page 6), as also in a separate letter dated 24.9.2005 (page 2) of the Dean and Head of Law, that since the Bar Council has given the required permission the entrance test may be held. The hand-written minutes of the meeting dated 30.9.2005 (page 7), which are signed inter alia by the interim V.C., state that "The meeting unanimously resolved that the entrance test for admission to LL.B. (five years) course, be held on October 23, 2005 and the admissions be done as per university rules.
The Registrar concluded on the following note:
It is clear that the decision taken on 30.9.2005 to hold the entrance test on 23.10.2005 is in contradiction to the decision of the earlier meeting dated 17.7.2005 (page 9) to postpone a decision on the matter till the arrival of the regular V.C. Moreover, the abovementioned second ground (page 6) for the (interim) V.C.''s disagreement with the holding of the entrance test scheduled for 31.7.2005, i.e., the ordinances have not been approved by the executive council, continues to hold good. These points raise doubts about the effectiveness of the decision on 30.9.2005 to hold the entrance test on 23.10.2005. there may also be other legal difficulties in the matter, some of which are as follows:
The draft ordinances passed by the Academic Council on 21.6.2005, could not be approved by the executive council before 14.7.2005, i.e., the date of the commencement of the Central Act. Therefore, they cannot be treated as part of the ordinances of the university, as per Section 45(2) of the Central Act, till the promulgation of the first ordinances.
As per Section 29(2) of the Central Act, the LL.B. (five years) draft ordinances need to be included in the first ordinances to be effective. The first ordinances have to be promulgated with the previous approval of the Central Government. As such, the previous approval of the Central Government would be required in the matter.
On account of the requirement of Central Government approval, it may not be possible for the V.C. to approve the draft ordinances using his emergency powers u/s 14 (3) of the Central Act, for the emergency powers can be exercised on behalf of any authority of the university but not on behalf of the Central Government.
It may be added that the (interim) V.C.''s circular No. 345/V.C.-05 dated 12.9.2005 (which is annexed with this note sheet for ready reference) states that the M.H.R.D. had advised him inter alia not to take any policy decision during the transition period. It may appear that the (interim V.C.''s decision of 30.9.2005 to go ahead with the entrance test even though the ordinances had not become effective is in the prohibited category of policy decision.
It is urged by the counsel for the Respondents that in pursuance of the aforesaid letter dated 22.7.2005 and the note of the then Registrar dated 16.10.2005, the university authorities were in doldrums either to proceed with admission or to defer them.
A meeting of Deans was convened by the Vice Chancellor in the circumstance on 18.10.2005 to consider the report of the Registrar with regard to the legal status of holding the entrance test for admission to the proposed LL.B. (five year) integrated course.
In the aforesaid meeting dated 18.10.2005, the members of the Committee took a view that unless the first ordinances are approved and also in view of the fact that the proposed course and its structure is to be placed before the new Academic Council and Executive Council for approval, fresh course cannot be introduced. It was then resolved that admission test of the aforesaid LL.B. (five years) integrated course scheduled to be held on 23.10.2005, be deferred till all the formalities are completed. It was also resolved by the committee that the admission test which has been advertised shall be held in the next session,i.e., 2006-07 and that those candidates who had already applied need not apply afresh as will be eligible to take up admission test whenever held in the next session and those applicants who wish to take refund of their application forms and test fee may be allowed to do so.
The extract of minutes of meeting dated 18.10.2005 is as under:
October 18, 2005
A meeting of the following
Prof. R. G. Harshe (in the chair) Vice Chancellor, University of Allahabad
Prof. K. G. Srivastava, Dean Faculty of Arts
Prof. Alka Agarwal, Dean, Faculty of Commerce
Prof. Hari Prakash, Dean, Faculty of Science
Prof. H. N. Tiwari, Dean Faculty of Law
Prof. B. P. Singh, Coordinator 5-year law course, Department of Law
Prof. A. K. Singh, Public Information Officer 8. Prof. U. S. Rai, Registrar.
was convened to consider the report of the Registrar with regard to legal status of holding the entrance test for admission to proposed five years integrated law course. All the members unanimously approved Registrar''s observations that unless the first Ordinances are in place, fresh courses cannot be introduced. The Committee was also of the view that the propose course and its fee structure be placed before the new Academic Council and Executive Council for approval.
In view of the foregoing observations, it was resolved that the admission test of the said course Scheduled to be held on 23rd October, 2005 be stayed and all formalities as above are completed. The meeting also resolved that the stayed admission test shall now be held in the next session i.e. 2006-07. The numbers also resolved that those who have already applied, need not apply again and they shall be eligible to take up the admission test whenever held in the next session.
However, those applicants who wish to seek refund of their application form and test fee shall be allowed to get the same after showing the concerned receipt from 6th November, 2005, onwards.
The learned Counsel for the Respondent-university then relied upon averments contained in paragraph 15 of the counter-affidavit wherein it is averred that the decision to run LL.B. (five years) integrated course under self-finance scheme could not be implemented for the following reasons:
(a) that the faculty of law and the university decided not to discontinue the existing three years law course. The decision of the university was to continue with the present three years law course and add to it five years law course ;
(b) that the Bar Council of India visited the university on 2.9.2005 and decided as late as on 4.10.2005 to grant conditional permission to start the five year integrated law course. Photocopy of letter of the Bar Council of India dated 4.10.2005, granting temporary approval of affiliation has been appended as Annexure C.A. III to the counter-affidavit ;
(c) that the Ministry of Human Resource Development had asked the university vide letter dated 22.7.2005, not to take any major policy decision. Photocopy of the letter dated 22.7.2005, appended as Annexure C.A. IV to the counter-affidavit of the Joint Secretary, Ministry of Human Resource Development to the university has already been quoted above in the body of the judgment.
The letter dated 4.10.2005 (Annexure C.A. III to the counter-affidavit) referred in Clause (b) and letter dated 22.7.2005, referred as Annexure C.A. IV to the counter-affidavit in aforesaid paragraph 15 of the counter-affidavit are as under:
BAR COUNCIL OF INDIA
21 Rouse Avenue Institutional Area New Delhi-110 002 4.10.2005
B.C.I.: D-1468 2005 (L.E.: Mtg.) (23-U.P.) The Registrar, University of Allahabad, Allahabad , U.P.
Sub: Temporary approval of affiliation of Department of Law, University of Allahabad, Allahabad, U.P.
Sir, The report of inspection of the above department of law was placed before the Legal Education Committee at its meeting held on 4th September, 2005 and committee made the following recommendations:
Legal Education Committee considered the inspection report of law, University of Allahabad, Allahabad, submitted by the inspection team of the Bar Council of India in respect of five year law course. After consideration committee is of the view that Faculty of Law, Allahabad University be granted temporary approval of affiliation for imparting five year law course for a period of three years, i.e., from the academic session 2005-06 to 2007-08 with intake of one section of 80 students subject to the following conditions:
At least four permanent qualified faculty members shall have to be appointed at the initial stage within the period of six months.
Adequate number of subject and reference books be purchased for the library.
The library shall remain open for minimum new hours during day time.
University shall subscribe the reading materials of excellence for students use.
The above recommendations were approved by the Council.
The college shall also comply with the following Rule 23 in Section A in Part IV of the Bar Council of India Rules.
Whenever approval of affiliation is granted to the law college it shall be necessary for the college to deposit in case Rs. 1,00,000 (one lakh) in the shape of guarantee to fulfil all the norms of the Bar Council of India. The same shall be liable to be forfeited if the norms are not complied with and the same shall carry no interest.
The approval of affiliation now granted by the Bar Council of India is subject to the payment of guarantee amount as mentioned in the above rule.
You are required to apply to the Bar Council of India for further extension of approval of affiliation six months in advance before expiry of the period of approval of affiliation granted by the Bar Council of India.
Yours faithfully Sd. Illegible (S. Radhkrishnan) Secretary.
It is urged by Sri Jain, learned senior counsel that a perusal of letter dated 4.10.2005 of the Bar Council of India, quoted above, reveals that the report of inspection of the law Department of the University of Allahabad was placed before the Legal Education Committee which approved grant of temporary affiliation to the university for imparting LL.B. (five years) integrated course in its meeting dated 4.9.2005 for a period of 3 years, i.e., from the academic session 2005-06 to 2007-08 with intake of one Section of 80 students subject to the aforesaid conditions.
So far as letter dated 22.7.2005, referred to and appended as Annexure IV to the counter-affidavit. it is submitted that letter dated 22.7.2005 of the Ministry of Human Resource Development, Department of Secondary Higher Education, Government of India, New Delhi Shows that Ministry was of the view that no additional financial commitment be made during the transition period having long term financial implications.
The letter aforesaid, dated 22.7.2005, was issued with regard to increase of seats up to 25% in view of letter of Government of Uttar Pradesh dated 13.6.2005, for admission to undergraduate and post graduate courses and that the university in pursuance of the said letter had taken a decision on 20.7.2005 to increase the seats of 20% over the number of seats already increased during the academic year 2004-05 and it was in that context that the Ministry had advised the Vice Chancellor to avoid taking any ad hoc decision having additional financial commitment during the transitional period.
It is pointed out by the counsel for the Petitioner that the decision to start the LL.B. (five year) integrated course was taken by the university as self-financing scheme much prior to the issuance of letter dated 22.7.2005, by the Ministry. Hence, there was no question of any additional financial burden on the university even during the transitional period.
Referring to the letters dated 4.10.2005 and 22.7.2005, he vehemently urged that for the aforesaid reasons, the then Registrar, in collusion with the interim Vice Chancellor, in his note dated 16.10.2005 put in a misplaced context that decision taken on 30.9.2005 to hold test on 23.10.2005, is in contradiction to the earlier meeting dated 17.7.2005, to postpone the decision on the matter till arrival of the regular Vice Chancellor. He submits that no steps were taken by the Respondent-university for obtaining the approval of the executive council till today though even in the meeting of the Deans held on 18.10.2005, it had been resolved that five years course would start from the year 2006.
He has vehemently urged that three meetings of the Executive Council had been held since then but the agenda to start 5 years integrated law course was, for some ulterior reason, was not placed before it though at the same time, course in Master of Music and some other courses were started by the Respondents even without approval of the academic and executive council which is an outstanding example of the arbitrary and discriminatory attitude of the Respondents towards five years integrated law course. It is stated that in these circumstances, the reason that law course could not be started for want of approval from executive council does not hold good and that there was no good reason to postpone the entrance test or not to start the LL.B. (five years) integrated course from session 2005-06.
It is lastly submitted by him that Section 29(2) of the Act, 2005, was not a hindrance in view of Section 46(2) of the said Act, as such, neither previous approval of Central Government was required in the matter nor decision could have been taken to defer the examination and start the course from session 2006-07 on the basis of the objections taken in the note dated 16.10.2005 by the then Registrar.
Sri Ravi Kiran Jain, learned senior counsel for the Petitioner submitted that from the records it is evident that LL.B. (five years) integrated course was initially to commence from session 2003-04 but due to power politics and inter-rivalry amongst a faction of Professors and officers at the helms of affairs, it could not take off. It is stated that there was no occasion for the New Vice Chancellor to review the decision of the Academic Council once it had already been approved by the interim Vice Chancellor.
It was then urged by him that the five years integrated law course is absolutely necessary which is being deferred since 2003 on one pretext or the other and as such, it has to be started at the earliest and that the university is bound by its commitments and conduct. The principles of promissory estoppel are to be applied with full force in this case to fulfil the legitimate expectations of the students who were issued even the admit cards so that they may be able to pursue the said law course. Hence, the matter being of prime importance, mandamus may be issued by the Court.
Sri Ashok Kumar Nigam Additional Solicitor General of Government of India has placed before the Court letter dated 8.8.2006, issued by Government of India, Ministry of Human Resource Development, Department of Higher Education, which is taken on record. He submits that the position that the university enjoys full autonomy in its academic functioning and Central Government has no role in its academic affairs stands clarified by the said letter. He submits that the decision to defer the starting of the LL.B. (five years) integrated course in Allahabad University is based on all the wrong reasons and is against the record and the commitment of the university which failed in its public duty imposed upon it. The letter dated 8.8.2006 is in pursuance of the letter dated 5.8.2006 of Sri Nigam seeking instructions from the Central Government in pursuance of the orders of the Court. The contents of letter are as under:
No. F. 32-18/2006-Desk (U) Government of India, Ministry of Human Resource Development Department of Higher Education * * * * * *
New Delhi the 8th August, 2006
To, Dr. Ashok Nigam, Additional Solicitor General of India Ministry of Law and Justice Department of Legal Affairs Allahabad High Court, Allahabad
Sub: Writ Petition No. 70198 of 2005, Abhilasha Sharma v. Allahabad University and others
Sir,
I am directed to refer to your letter dated 5.8.2006 in the above matter and to say that the University of Allahabad is a statutory autonomous body established and incorporated under the University of Allahabad Act, 2005. The University enjoys full autonomy in its academic functioning and under the Act and the Statutes of the University, the Central Government has no role in its academic affairs. As the subject-matter of the present writ petition is purely of academic nature, impleading the Union of India as a Respondent in the case may not served any purpose.
You are requested to apprise the Hon''ble High Court of above position.
Yours faithfully (R. D. Sahay) Deputy Secretary to the Government of India
CONCLUSIONS:
After hearing counsel for the parties and perusal of the record, the following position emerges:
The LL.B. (five years) integrated course which was to start from academic session 2003-2004, but due to financial stringencies, could not be started. Hence the process was started in the year 2004 to introduce the course as self-financing programme and several meetings were held for the purpose. Policy decisions were also taken to introduce the course w.e.f. session 2005-06 on self-financing basis. Ordinances for the course were passed by the Board of Studies and Faculty Law Board on 14.5.2005. These ordinances were also passed by the then Academic Council of the university in its meeting held on 21.6.2005.
Thereafter preparations were made, applications were invited from the students for admission to the said course in anticipation of the approval of the ordinance by the executive council. The entrance test was, for the first time, scheduled for 31.7.2005.
The Bar Council of India inspected the faculty of law and granted approval vide letter dated 4.10.2005 for starting the LL.B. (five years) integrated course.
However, the entrance test, in the meantime, was postponed to 23.10.2005 in view of note of the then Registrar dated 16.10.2005 to the Vice Chancellor and in pursuance of the meeting of the Deans dated 18.10.2005, allegedly for the reason that ordinances had not been passed by the executive council and no additional financial burden can be taken having long term financial implications in pursuance of letter dated 22.7.2005 of the Ministry of Human Resource, Department of Higher Education, New Delhi. The interim Vice Chancellor had been requested to grant approval to the ordinances as Chairman of the Executive Council to hold the entrance test in accordance with the ordinances approved by the Academic Council but for reasons best known to him, he postponed the matter and directed it to be placed before the regular Vice Chancellor on his joining, though in same meeting dated 18.10.2005, it was resolved that entrance test for admission to the LL.B. (five years) integrated course be held on 23.10.2005 as per rules of the university. There was no occasion of the then interim Vice Chancellor or the Registrar to have relied upon the aforesaid letter dated 22.7.2005, for deferring the entrance test or shifting of the LL.B. (five years) integrated course which was in a different context for deferring the matter till joining of the regular Vice Chancellor.
Things took a bad turn from the day the note dated 16.10.2005 of the then Registrar, quoted above, was submitted to the new Vice Chancellor informing him that:
(i) the draft ordinances passed by the Academic Council on 21.6.2005 could not be approved by the executive council before 14.7.2005, i.e., the date of the commencement of the Central Act therefore, they cannot be treated as part of the ordinances of the university, as per Section 45(2) of the Central Act, till the promulgation of the first ordinances:
(ii) as per Section 29(2) of the Central Act, the LL.B. (five years) draft ordinances need to be included in the first ordinances to be effective and that the first ordinances have to be promulgated with the prior approval of the Central Government as such, approval of the Central Government would be required in the matter, and
(iii) on account of the requirement of approval of the Central Government, it may not be possible for the V.C. to approve the draft ordinances using his emergency powers u/s 14(3) of the Central Act, for the emergency powers can be exercised on behalf of any authority of the university but not on behalf of the Central Government.
It appears that for some reasons, a wrong impression was given in the note dated 16.10.2005 to the new Vice Chancellor for deferring the matter of admission and starting the LL.B. (five years) integrated course.
The objections were not only incorrect but were also against the record, more particularly, when course in Master of Music and some other courses were started by the university even without approval of the Academic and Executive Councils. There appears to be a deliberate attempt to defer the start of the LL.B. (five year) integrated course by not bringing to the notice of the Vice Chancellor and the Deans the provisions of the validating Section 46(2) of the Act No. 26 of 2005.
The matter was fully covered by Section 46(2) of Allahabad University Act, 2005, which is validating clause providing that all the things done under the U.P. State Universities Act, 1973, prior to coming into force of the Act unless they are superseded by any order made under the State Act or Statute shall deemed to have been made or done under the said Act of 2005. The university ought to have held the examination on the scheduled date.
In the letter of Government of India dated 8.8.2006, quoted above, it has been stated in unequivocal terms that the university enjoys full autonomy in its academic functioning and under the Act and the Statutes of the university, the Central Government has no role in its academic affairs and that the subject-matter of the present writ petition being purely of academic nature, impleadment of Union of India as a Respondent in the case will not serve any purpose.
Once the Academic Council had passed resolution, no decision to defer the examination or to start LL.B. (five years) integrated course should have been taken, particularly, when all the preparations for holding the examination and arrangements for starting LL.B. (five years) integrated course had been completed as appears from various status reports and the record produced by the university. The decision to defer the admission and starting the LL.B. (five years) integrated course was without any reasonable basis existing at that time nor is supported by reasons. It is evident that letter dated 22.7.2005, was used as a ruse in the note of the then Registrar dated 16.10.2005, to defer the start of the aforesaid LL.B. (five years) integrated course.
On a query made by the Court as to whether permanent qualified faculty has been appointed as required under the first condition for temporary affiliation in letter dated 4.10.2005, Prof. H. N. Tiwari, Dean, Faculty of Law referred to the course structure and submitted that LL.B. (five years) integrated course consists of two semesters in each year, which is as under:
1st Semester
IInd Semester
Paper
Paper
I. General English I
I. General English II
II. Political Science I
II. Political Science II
III. Economics
III. Legal Language
IV. Sociology
IV. History of Courts/Legislature and Legal Profession in India
V. History
V. Environmental law
IIIrd Semester
IVth Semester
Paper
Paper
I. Political Science III
I. Law and Medicine
II. Tort & Consumer Protection Laws
II. Equity, Trust etc.
III. Legal writing
III. Human Rights
IV. Contract I
IV. Contract II
V. Family Law I
V. Family Law II
V Semester
VI Semester
Paper
Paper
I. Jurisprudence I
I. Jurisprudence II
II. Constitutional Law I
II. Constitutional Law II
III. Law of Crimes I
III. Law of Crimes II
IV. Property Law I
IV. Property Law II & Easement
V. Project I
V. Project II
VII Semester
VIII Semester
Paper
Paper
I. International Law
I. Labour Law
II. Code of Criminal Procedure Juvenile Justice Act & Probation of Offenders Act
II. Taxation
III. Criminology
III. Administrative Law
IV. Intellectual Property Law
IV. Company Law
V. Project III
V. CPC and Limitation
IX Semester
X Semester
Paper
Paper
I. Law of Evidence
I. Moot Court
II. Land Law & Rent Control Act
II. Drafting, Pleading etc.
III. Interpretation of Statutes
III. Professional Ethics
IV. International Eco. Law Legal
IV. Public Interest Lawyering, and
V. Law of Arbitration etc.
V. Viva voce.
Notes
A- Projects shall aim at imparting special knowledge to the students in fields specified by the faculty from time to time.
B- In addition to the regular classes students will be required to participate in seminar classes, computer course training and special training skills in specified areas to be specified by the faculty from time to time.
5.4.1. The detailed syllabus and lecture list for each of the courses/papers for each semester will be laid down by the Departmental Committee.
5.4.2. The Departmental Committee will be authorized to restructure the scheme of distribution of the subjects/papers mentioned in Para 9 above. It will also be authorized to charge/increase the number of optional subjects/ papers as and when it deems necessary.
The Court in reference to paragraphs 14 of the counter-affidavit wherein it has been averred that the "university is committed to introduce five years law course and has decided to make full preparation for it so that this programme may be launched in the university from the session 2006-07 after the proposed ordinances are approved by the executive council. However, the existing applicants for the course were given option to take back their application fee in total and approx two hundred applicants have already taken back their application fee," put a question to the officials of the university, present in the Court, as well as its counsel, as to the time limit within which the aforesaid integrated law course could be started.
It is also stressed that in so far as teaching of pure subjects of law to the students in II Ird semester on-wards, projects, seminars, computer course training and development of special training skills are concerned, permanent appointment of teachers, as required by the faculty in the meantime shall be made by 31st December, 2006, in terms of Clause 1 of the letter dated 4.10.2005 of the Bar Council of India, quoted above which provides that permanent appointments of teachers for teaching law course shall be made within six months of the start of the session. This would ensure that students will not suffer any further and the university would also be able to implement its resolution dated 18.10.2005. Prof. B. P. Singh, Coordinator of the programme and Sri U. S. Rai, the Registrar further informed the Court that the university stands by its commitments. They stated that integrated law course could be started by third week of September, 2006, by the guest faculty and that now all things are in place and hence in view of Section 46(2) of the Allahabad University Act, 2005 read with letter dated 8.8.2006, no impediment remains in existence as has been averred in paragraph 15 of the counter-affidavit. The court is assured by them that it may direct starting of the LL.B. (five year) integrated course fixing a date in the third week of September, 2006 on which date the course will be commenced after completing all formalities required and admission.
He states on the above basis that most of the subjects, i.e. about 90% of them in the first two semesters, such as General English, History, Geography, Political Science, Economics, Sociology for which permanent teachers from Arts Faculty and for the subjects history of courts/Legislature and Legal Profession in India and Environmental Law are from the bachelor of arts stream for the bridge or integrated course for which permanent teachers from law faculty are available.
At the end of the arguments, the counsel appearing for the parties as well as officials present on behalf of the university have agreed in the principle to the need and urgency to start the LL.B. (five years) integrated course in Allahabad University as the students have legitimate expectations to take admission in five years integrated law course in the year 2005 when all formalities had been completed.
Since the matter is to public duty cast upon the university under the Act and the Constitution and the matter being of public importance, in order to avoid any further delay mandamus can be issued to provide effective relief to the Petitioner and all those candidates who have applied and are anxiously awaiting for the course to begin, I find it expedient to make the following suggestions:
(a) In the selection, the university should endeavour to appoint teachers of eminence having proficiency in teaching in English Medium so that the law graduates when they step in the profession may not feel handicapped while appearing before different High Court and the Supreme Court.
(b) While developing libraries in accordance with the recommendation of the Bar Council of India, the university should also develop for ''e'' libraries for teaching the students with the help of Information and Communication Technology (I.C.T.) so that the emerging law graduate of the university is not, in any way inferior to any other law institutes such as, Bangalore National Law University etc.
From the minutes of the various meetings and record, it appears that the State Government was not giving adequate grant to the university to run the regular courses and as such, at that time, it was decided to run the course under the self-financing scheme.
After coming into force of Act No. 26 of 2005, the university has become a Central University, I am told that the new Academic Council is in place and its first meeting is scheduled to be held on 26.8.2006. From the minutes of meeting dated 18.10.2005, it is apparent that the academic council was of the view that the papers of proposed course and its fee structure be placed before the new Academic and Executive Councils for its recommendation and approval.
Since now the university is a Central Government University and has not only been provided funds by the Central Government but also by the University Grants Commission, the Executive and Academic Councils are requested by the Court to take another closure look at the fee structure for downward revision so that more and more meritorious candidates who due to poor financial conditions are not able to apply at present can apply.
The university shall be at liberty to consider the fee structure of the course in time with the policy of the Central Government and may request the Central Government as well as the University Grants Commission for grant of additional funds to rationalize the fee structure further so that the scheme may not remain a self-finance scheme in order to ensure that the students coming from financially weaker sections of society/or to offer scholarships to them as per direction of the Central Government in this regard as are applicable in other Central Universities.
In this view of the matter, Academic Council may consider for upgrading the course and the infra structure at the earliest in consonance with the vision "to run the course at par with other model law institutes/universities of the country and to produce better chiseled professionals to raise the faculty of law, in the due course of time to the status of an institute of higher learning and research in the field of law." It is expected that the infra-structural facilities will be added with separate faculty building, hostels for students, students activity centre and an auditorium etc., at a fast pace. At present, the faculty posts and administrative staff, as assured by the university officials, shall be filled up by 31.12.2006. The academic requirements, infra-structural requirements, accommodation for class rooms, library and office, furnitures necessary for the class room, office and library, office and library staff etc., is to be developed within the time bound programme of six months preferably within a period of one year as the course at present is under self-financing scheme.
It is expected that keeping in mind the glorious past of the Allahabad University, the standard of instruction, the quality of atmosphere and other facilities related thereto should be such as to fulfil the aspiration of the students who undertake the course.
Downward revision in the fee structure in the aforesaid circumstances for achieving the aims and objects as well as advanced infra-structure will be a welcome step which may be taken into consideration by the new academic council in the forthcoming meeting to be held on 26.8.2006, so that more and more meritorious students who are unable to take the present course due to their socio-eonomic condition, are able to seek admission in the said course.
Further, in view of the fact that the resolution for implementing the decision to run LL.B. (five years) integrated course has already been passed by the Academic Council on 21.6.2005, when the university was a State University, the same may be formally ratified by the present Academic Council in view of Section 46(2) of the Allahabad University Act, 2005 read with letter dated 8.8.2006 of the Ministry of Human Resource and Development, Department of Higher Education.
In the meantime, apart from guest faculty, the university can take the services of the teachers already permanently appointed for teaching social as well as law subjects in first two semesters.
It may also be mentioned here that the Bar Council of India has made recommendation to all the Universities and Law Colleges for LL.B. (five years) integrated course. The experience has shown and the Court takes judicial notice of the fact that the five years course in law is attracting better students, who find law as the first option. The law graduates, coming after competing five years course are more dedicated to the profession and are performing better than those who join profession after three years course.
The curriculum of the aforesaid law course designed by Bar Council of India is more useful in the profession but requires further revision to introduce laws of modern time such as cyber law etc.
For the reasons stated above, the writ petition is allowed with following directions:
(1) Applications for admission to LL.B. (five year) integrated course for the session 2006-2007 shall be invited by publication in the newspapers from eligible candidates within a period of one week from today ;
(2) Care will be taken that those students who had already applied in pursuance of the advertisement for the session 2005-06 shall not be required to apply afresh as per term of the resolution dated 18.10.2005 ;
(3) Entrance examination and admission process to the aforesaid course shall be completed within a period of 45 days from today as agreed by Prof. H. N. Tiwari, Dr. B. P. Singh, Prof. U. S. Rai (Registrar) and other officers of the university present in the Court;
(4) The concerned authorities will ensure that the LL.B. (five years) integrated course shall commence not later than 18.9.2006 ;
(5) The university will take all necessary steps for publication of advertisement for appointment of four permanent teachers. They shall be appointed within a period of three months from today.
Since the university has shown lack of will to start the course for the reasons less said than better, and in view of the facts and circumstances of the case, it would be in the interest that progress for starting the LL.B. (five years) integrated course as well as developments of academic and infra-structure etc., is monitored by the Court to ensure this achievement within time bound period as promised by the university in its various meetings and policy decisions on record and assurances given by the officials present in the hearing. The university authorities will, therefore, ensure compliance of the judgments of the Court and report progress on the dates fixed. List on 13th of every month till December, 2006, thereafter on 9th of every month till May, 2007 and thereafter every three months for next five years for submission of progress report to appraise the Court of the progress in the matter.
No order as to costs.