Bar Council of India v. Governing Body of Sibsagar Law College
2003-10-27
I.A.ANSARI, P.P.NAOLEKAR
body2003
DigiLaw.ai
JUDGMENT 1. These appeals have been filed by the Bar Council of India challenging the common judgment and order dated 27.8.1999 passed by the learned Single Judge in Civil Rule Nos. 2701/96, 2738/96, 2739/96 and 2740/96, wherein the Governing Bodies of the petitioners' Law Colleges have challenged the order passed by the Bar Council of India excluding the names of their colleges from the list of affiliated colleges and for issuing a writ of mandamus directing the Bar Council of India to include the existing Law Colleges, which are being functioning under the control of different educational institutions. The writ petitions have been filed by the petitioner colleges as their affiliation have been cancelled by the Bar Council of India by its order dated 27.2.1996 whereunder the names of petitioners Law Colleges run by different Governing Body of the Colleges have been removed from the list of affiliated law colleges of the Bar Council of India. The learned Single Judge after consideration of the factual aspects has reached to the conclusion that before cancellation of affiliation of these colleges the Bar Council of India has not followed Rule 13 of the Bar Council of India Rules framed under the Advocates Act, 1961. The learned Single Judge has noted various sub-rules of Rule 13 of which non-compliance is alleged and found it to be true. The learned Single Judge has held that the affiliation of the colleges can only be cancelled by the Bar Council of India after following the procedure laid down under the Rule 13 of the Bar Council of India Rules. 2. In the appeal the learned counsel appearing for the appellants has frankly conceded the non-compliance of Rule 13 of the Bar Council of India Rules in its totality and thus, we are of the view that the learned Single Judge has rightly quashed the order passed by the Bar Council of India on 27.2.1996. Under Rule 13 of the Rules framed by the Bar Council of India, the Bar Council of India has the power and authority to constitute a Committee for the purpose of inspection of the colleges to ensure that the standard of legal education laid down by the Bar Council of India has been complied with.
Under Rule 13 of the Rules framed by the Bar Council of India, the Bar Council of India has the power and authority to constitute a Committee for the purpose of inspection of the colleges to ensure that the standard of legal education laid down by the Bar Council of India has been complied with. In case the Inspection Committee reaches to the conclusion that the standard laid down by the Bar Council of India have not been fulfilled the steps to be taken and the procedure which has to be followed is laid down in Rule 13 of the Bar Council of India Rules, the Bar Council of India has the power to discontinue the affiliation already granted to law colleges after following the procedure laid down under Rule 13. If the Bar Council of India still feels and thinks that the law colleges run by the Governing Body of the petitioners colleges have not adhered to the standard laid down by the Bar Council of India, then the Bar Council of India can take recourse to Rule 13 or any other Rules framed under the Bar Council of India Rules, against such colleges and pass appropriate order/orders in accordance with law. For the present, suffice it to say that the order of the Bar Council of India is being issued without following the procedure laid down under Rule 13 of the Bar Council of India Rules and thus cannot be upheld. Hence the appeals filed by the Bar Council of India are dismissed. However, in the facts and circumstances of the case there shall be no order as to costs. Appeal dismissed