AMIR PATEL Vs. STATE OF M P

JUDGEMENT

(1.) THIS writ petition was filed by petitioners way back in the year 1996. They were students of law faculty at the relevant time in the Govt. Arts and Commerce College, Harda. Petitioners came to know that Bar Council of India (hereinafter referred to as "bci") had issued a circular dated 7-3-96 with respect to appointment of a whole time Principal and at least two other whole-time teachers. The same came into force with effect from 1st July, 1996. The Law Colleges were required to strictly follow the rules. Respondent No. 4 wrote letter to Commissioner, Higher Education demanding creation of 4 posts of full-time Lecturers of Law in Govt. Arts and Commerce College, Harda. Respondent No. 2/university wrote to the Law Colleges to comply with the directions of BCI. Respondent No. 4 again sent a reminder to the Commissioner, Higher Education for appointment of 4 full-time Lecturers. However, posts were not sanctioned, hence, petition was filed. Prayer has been made by petitioners that respondents be directed to comply with the directions issued by BCI with respect to Law College in question and for other Law Colleges in State of M. P.

(2.) RESPONDENT Nos. 1, 4 and 5 in their return have contended that petitioners have passed out their LL. B. Examination, they have been enrolled as Advocates. Hence, petition has been rendered infructuous. Prior to 1982 the College was a Private College, it was taken over by the Government, law faculty used to be run in Govt. Arts and Commerce College. Considering the financial constraints it was not possible to comply with the directives issued by BCI, affiliation was cancelled by BCI as per Order (R-1), dated 22-9-2000, which was challenged by way of filing W. P. No. 5852/2000, which was allowed as per Order (R-2), dated 14-12-2000. L. P. A. No. 45/2001 was filed by BCI. College was required to apply afresh and requisite fee for extension of approval was demanded. Considering the requirement of BCI for running Law Colleges in a separate building, library and retaining at least 5 full time law teachers, etc. Cabinet had taken a decision on 15-9-20 that Law Colleges should be run on self financing basis and fees should be raised in such a manner that requirement of at least 5 teachers is met. College was apprised of the aforesaid decision of Cabinet. College is run by Jan Bhagidari Samiti. Adherence to BCI directions was directed by State of M. P. and an advertisement (R- 8), dated 3-11-2001 was also issued. In 2002, advertisement (R-9) was issued. BCI was to take decision pursuant to communication dated 19-7-02 and the reply sent by Principal of the College.

(3.) I have heard learned Counsel for parties at length.