Shri Shirdi Sai Law College and Others vs Bar Council of India and Others

P. Venkatarama Reddi, A.C.J.

The petitioners in W.P. No. 27946 of 1997 are the students of Sri Shirdi Sai Law College, Anakapalli, (3rd respondent), and appeared for 2nd year examinations. The petitioners seek a direction to permit them to continue and complete their B.L. Degree till the approval is accorded by the Bar Council of India.

The Secretary & Correspondent of the Law College is the writ petitioner in W.P. No. 27945 of 1997. In this writ petition the College prays for quashing the communication dated 19-5-1997 sent by the Bar Council of India disapproving the affiliation of the College. They also challenge the decision taken by the University at its meeting held on 3-6-1997 not to renew the temporary affiliation for the academic year 1997-98. At the same time the students were given opportunity to opt to affiliated Colleges in the Andhra University.

We find no valid grounds to find fault with the decision taken by the Bar Council of India or the University. On the basis of the report of the inspection team, the Bar Council of India took the decision bona fide obviously keeping in view the paramount consideration of maintaining of proper standards in legal education. The recent decision of Division Bench of this Court in C.M. Balaraman Vs. Registrar, Osmania University and Others, puts the matter beyond doubt that Colleges which have not been approved by the Bar Council of India have no right to function. The students were given opportunity to opt to the Colleges having approval/affiliation.

The learned Counsel for the management of the College has brought to our notice that their representation for reconsideration of the decision was turned down by the Bar Council of India.

The communication dated 5-7-1997 of the Bar Council of India reads as follows:-

"I am in receipt of your letter noted above requesting the Bar Council of India to consider the grant of conditional approval of affiliation to your Law College. I regret to inform you that the Bar Council of India cannot consider the request of your Law College to reconsider the matter in view of Sub-rule (1) to Rule 18 in Section A and Rule 13 in Section B of the Rules of the Bar Council of India in part IV. An extract of the said Rule is given below:-

"After refusal to grant permission to start a law college or to extend approval of affiliation to any existing law college, no fresh application for the same purpose shall be entertained with (sic within) six months from the date of such refusal by the Bar Council of India."

It is submitted that the Management is prepared to rectify the defects pointed by the Inspection Committee and provide the necessary facilities and the appropriate direction be given to the Bar Council to allow the students who have already joined to complete their studies. On behalf of the students also, a fervent plea is made to enable them to continue their studies, for the reason that many of them being employees, will not be able to prosecute the law course in some other college.

Now that the period of six months has expired from the date of refusal of approval by the Bar Council of India, there is no bar for reconsideration of the matter. The petitioner-College may therefore approach the Bar Council of India by paying the requisite fee if necessary. We do hope that the Bar Council of India will depute the Inspection Team and take a decision expeditiously whether the College should be allowed to function atleast for the purpose of enabling the students to complete the course. Beyond this, we are not inclined to grant any direction.

The writ petitions are dismissed subject to the above observations.