S GOWRISHANKAR Vs. SECRETARY BAR COUNCIL OF INDIA

JUDGEMENT

(1.) THE petitioner is working as Law Teacher in the Bangalore institute of Legal Studies being run by B. H. S. Education Society. According to him, he is entitled for UGC scale as a matter of right. Since he was denied such right, he approached this Court by filing a Writ Petition in W. P. No. 26826/2000; The said Writ Petition is still pending consideration before this Court. Though the petitioner is entitled to the said UGC scale, as admitted by the respondent in the statement of objections in the aforesaid Writ Petition, the said benefit is not extended to him. Therefore, he has filed the Writ Petition seeking a writ of mandamus directing the respondent Bar Council of india to exercise power vested in them under the Bar Council of india Rules and decline to grant of extension of approval of affiliation to the Bangalore Institute of Legal Studies.

(2.) THE learned Counsel for the petitioner contends when once in the statement of objections filed in the Writ Petition pending before this Court, the respondent admits that the petitioner is entitled to ugc scale and when they do not pay the said scale, the petitioner has every right to call upon the respondent herein not to extend the affiliation granted by them to the college and that is the only mode by which the college could be compelled to perform its legal obligation. His grievance is the respondent have not taken any action and therefore a direction is required by this Court.

(3.) IT is unfortunate that the petitioner who is working in the bangalore Institute of Legal Studies has resorted to this mode of enforcing his right. If he has not yet been paid the UGC scale, his request could be to extend the UGC scale and a writ filed for the said purpose is pending consideration before this Court. Now by this Writ Petition he wants the affiliation to the college should not be extended. If the affiliation to the college is not extended, the colleges loses its identity. No student will be admitted to the college and if there are no students the petitioner will have no place in the said college. I can quite understand a litigant without proper legal knowledge making such frivolous request before this Court, a professor of law who should be a model to the law students in the college is indulging in this type of activity. The teacher occupies a pride of place next below the parents as he/she imparts education and discipline to students. On receiving salary from public exchequer/ college, he/she owes a social responsibility and accountability to discipline the students by total dedication. It would appear that fallen standards and reckless attitude are also the contributory factors for the indiscipline among the students. Instant case is an example where a teacher wants affiliation of the college where he is teaching should be cancelled merely because the college has not extended him the UGC scale. He is. totally insensitive to the consequences of affiliation not being extended to the college. By such reckless act, he is prepared to ruin the future of his students. No parent would ever think of ruining the future of his children merely because some injustice is done to them by a third person.