In the matter of Memoranda of Law Teachers v. State of Bihar
2008-01-08
body2008
DigiLaw.ai
ORDER The Universities have brought on record the status of Law Colleges under their control by filing affidavits. The Registrars of the Universities are present. 2. From the affidavits, it appears that the Universities have constituent. Law Colleges and at the same time they have affiliated Law Colleges. The Universities have brought on record the sanctioned strength of teachers of constituent Law Colleges and have also indicated how many of those sanctioned posts now stand filled up. In other words, they have indicated the existing vacancies in those constituent Law Colleges. Until prior to July, 2007 teachers to be appointed in the constituent Colleges could only be selected by the Commission. In the month of July, 2007 the Legislature has amended the Act and thereby has empowered the Universities themselves to select persons to supply the vacant posts of teachers. The Legislature has also indicated how the Selection Committee shall be constituted and who shall be its members. Most of them are nominees or employees of the Universities. The Chancellor is also required to nominate its nominee. 3. The number of existing vacancies is alarming. With such vacancies an Institution like a Law College cannot function properly. Consequently the students, who are being imparted education of law in the Colleges, are not being properly educated. As a result the ultimate sufferers are the litigant people of the State. This must be remedied forthwith. Accordingly, we direct the Chancellor to nominate his nominee within a period of two months from today. It is made clear that the Universities shall discharge their obligations in relation to making such nomination so that the Chancellor can conveniently keep the time, as above. The Universities are directed to ensure completion of selection of teachers and appointment of teachers in vacant posts of law teachers in the constitutent Colleges within a period of six months from the date of receipt of nomination by the Chancellor. 4. Inasmuch as with such vacancy it was not possible to run a meaningful law Institution, in order to show that things are in their place Universities were taking assistance of part time teachers or rotational teachers, who were being appointed for six months.
4. Inasmuch as with such vacancy it was not possible to run a meaningful law Institution, in order to show that things are in their place Universities were taking assistance of part time teachers or rotational teachers, who were being appointed for six months. Until the time as above, i.e., for eight months the Universities may continue to adopt the system of engaging part time or rotational teachers as they have been doing, but they shall not engage any such part time or rotational teachers after expiry of eight months from today. 5. The Bar Council of India, who is represented before us, is directed to ensure that each constituent College of each of the Universities has complied with the above directions. It must ensure that all vacant sanctioned posts have been supplied within the time as above. In default, it shall take appropriate steps as it is required to take under the Bar Council of India Act against such Colleges, as they may have advised. 6. It is the contention of the Universities that they have very little control over affiliated Law Colleges. It is also their contention that they are not in the know, to the fullest extent, the status prevalent in the affiliated Law Colleges. In this State, the Government has already declared the teacher-student ratio. The affiliated Law Colleges are affiliated with the University. By reason of such affiliation, the affiliated Colleges are entitled to the privileges of the University. It is because of the affiliation, the students of those affiliated Colleges are permitted to appear in the examinations conducted by the University. It is, therefore, inappropriate on the part of the Universities to contend that they have no control or very little control over the affiliated Collges. The Universities are directed to gather the number of students enrolled by each of the affiliated Colleges and on the basis thereof to ascertain, applying the ratio of student-teacher as prescribed by the State, the number of teachers to be appointed by the affiliated Colleges. The Universities are directed to ensure that such number of teachers are appointed by the affiliated Colleges within the time as above. If not, to take appropriate action against those affiliated Colleges for cancellation of their affiliation. 7. We hope that in the event strong actions, as indicated above, are taken the legal atmosphere in the State will improve.
The Universities are directed to ensure that such number of teachers are appointed by the affiliated Colleges within the time as above. If not, to take appropriate action against those affiliated Colleges for cancellation of their affiliation. 7. We hope that in the event strong actions, as indicated above, are taken the legal atmosphere in the State will improve. With the above directions, the writ petition is disposed of. Personal appearance of all the Registrars are dispensed with. 8. Let a copy of this order be handed over to the learned counsel to the parties.