JAYESH HEMCHANDRA BELSARE Vs. REGISTRAR BHAVNAGAR UNIVERSITY

JUDGEMENT

(1.) These two Special Civil Applications have been filed against the same respondents and acknowledgely both of them raise issues identical in nature and consequently therefore they were heard together and are being disposed of by this common judgment.

(2.) Before referring to the precise controversies involved in these two petitions it is necessary to have a factual background of the circumstances in which they have been required to be filed. Special Civil Application No. 1089 of 1985. The Petitioner Shri Jayesh Hemchandra Belsare is a student of Sheth H. J. Law College Bhavnagar affiliated with Bhavnagar University Bhavnagar studying in the First Year of Five Year Degree Course of Law. He claims to have filed this petition in a representative capacity i. e. to say on his behalf and on behalf of other students studying in the same Five Year Degree Course of Law at Sheth H. J. Law Collage.

(3.) The Bar Council of India had addressed a letter dated 12-5-1982 to the Registrars of all the Universities imparting legal education to Deans of the Faculties of Law of all the Universities to Principals of all the Law Colleges and to Secretaries of all the State Bar Councils about the proposed introduction of the new course for professional legal education which was to come into effect from 1-6-1982. It was stated in that letter inter alia that some Universities had already taken steps to implement the scheme whereas the difficulties of others in starting the course in time were appreciated and it was decided to give two years time for the change-over. The petitioner submits that thereafter the Registrar Bhavnagar University (Respondent No. 1 herein) addressed a letter to Principal Sheth H. J. Law College that a meeting of the Executive Council of Bhavnagar University was held on 17-7-1982 wherein the Executive Council of the Bhavnagar University bad resolved after consultation to adopt in principle the new professional course in the 10+2+5 pattern and had resolved that the concerned college be informed accordingly. A further letter was addressed by the Registrar to the Principal Sheth H.J. Law College dated 7/14-5-1984 that the Academic Council held its meeting on 12/20-1-1984 and 16 and by Resolution No.9 approved the 10+2+5 course in law prescribed by the Bar Council of India and the Ordinances/Regulations were prepared by the University for the same. The Principal was requested by that letter to take necessary action and to inform the office about the same. The Principal was also intimated by the same letter that the said new course shall be introduced from June 1984 A Post St Script was added that the copy of the syllabus for the new LL. B. Course and the Ordinances/Regulations for the said new course had already been sent to him earlier. A copy of the said letter is at Annexure G to the petition.