MADAN HAZARIKA Vs. GAUHATI UNIVERSITY

JUDGEMENT

(1.) This public interest litigation has been registered on the basis of the petition filed by an ex-student of Dispur Law College, which is stated to be established in the year 1993, alleging mis-management, anomalies in constitution of Governing Body, indiscriminate admission of students into the LLB Course, non fulfilment of the conditions for affiliation imposed by the Gauhati University under whom the temporary affiliation has been granted, non compliance of the requirement of the "Ordinance on Permission and Affiliation of Law Colleges, 1998" of the said University, not auditing the accounts of the College for a long period of time, there by exposing such fund to misappropriation and also admission of students without there being any recognition from the bar council since the year 2004-05 and despite refusal to extend such recognition, on the ground of non fulfillment of requisite conditions, as laid down by the bar council of India for recognition. A further allegation has also been made that the examination in the College has not been conducted properly as required under the ordinance of the Gauhati University, thereby exposing the students of that College to the risk of loosing their academic year and also non recognition of the degree by the Bar Council in India.

(2.) In view of such allegation regarding the mis-management and anomalies in running the Dispur Law College and admission of the students in Law Course without there being any recognition from Bar Council of India and the affiliation from Gauhati University, notices were issued to the respondents namely Gauhati University, Bar Council of India, Bar Council of Assam etc., the Governing Body of the said Law College who claims to be managing it, as well as the State of Assam. The Registrar of Gauhati University on receipt of the notice filed a detailed affidavit stating inter alia that on coming to know about the irregularities in the matter of management of the College in question, the Vice Chancellor appointed a Committee to inquire into the alleged irregularities and such committee on the basis of the spot visit and statements taken from the various persons, submitted a report, more or less confirming the allegations leveled in the writ petition and also stating therein that due to infighting amongst the Governing Body members, teaching staff, division of students into several groups, the overall development of the College is very much hampered, thereby grossly jeopardizing the educational environment.

(3.) This Court vide proceeding dated 28.06.2006, by taking on record the affidavit filed by the Registrar of the Gauhati University and keeping in view the contents of the same, restrained the said Law College from admitting any students into the law course. This Court in the said proceeding has also recorded the assurance given by the learned Senior Counsel appearing on behalf of the two warring governing bodies, namely respondent No. 4 and 5 as well as respondent No. 6, to resolve the issue involved in the writ petition and to take proper and necessary steps in that regard. The Bar Council of India has also filed an inspection mote dated 18.03.2006 submitted by the members of the Bar Council of India, after inspection of the said Law College. This Court vide order dated 10.08.2006 upon perusal of the said inspection report submitted by the Bar Council of India and upon hearing the learned Counsel for the parties as well as keeping in view the nature of controversies and involvement of public interest, appointed a three members committee consisting of three learned senior counsel for this Court to inspect the institution and submit its report. Accordingly, the said committee after inspection of the College premises on 18.08.2006 submitted its report dated 21.08.2006 which was taken on file vide order dated 29.08,2006.