CHANDIGARH EDUCATIONAL SOCIETY Vs. BAR COUNCIL OF INDIA

JUDGEMENT

(1.) The petitioner has invoked jurisdiction of this Court for issuance of writ of certiorari for setting aside Resolution dated 11.8.2019 (item No. 241 of 2019) vide which moratorium is imposed for three years for grant of approval to New Law Institutes. It has also prayed for issuance of mandamus directing respondents No. 1 and 2 to grant approval to start Chandigarh Law College, Jhanjheri from academic session 2020-21 on the basis of applications filed on 13.12.2019 (Annexure P-9) and 10.1.2020 (Annexure P-10); directing respondent No. 1 to place the aforesaid applications filed by the petitioners before respondent No. 2 for consideration and appropriate decision in the next meeting of the Legal Education Committee and direction to respondents No. 1 and 2 to grant approval to the petitioner-society to start Chandigarh Law College since petitioner-society fulfills the minimum benchmark as provided under Rule 11 of the Legal Education Rules, 2008 (hereinafter referred to as "2008 Rules").

(2.) Counsel for the petitioner argues that Chandigarh Educational Society (hereinafter referred to as "the society") purchased land measuring 5.625 acres in the year 2017-18 for establishing Law College under the name "Chandigarh Law College", on 15.1.2018. The petitioner passed resolution for starting a new college with intake of 240 students from academic session 2020-21. The society took effective steps w.e.f. 15.1.2018 onwards i.e. obtaining of CLU, construction of infrastructure, obtaining affiliation from Punjabi University and NOC from the State Government. The society is imparting quality education in various fields to more than 15000 students including Engineering, Management, Computer Applications, Agriculture, Commerce, Fashion Technology, Nutrition and Dietetics etc. for the last many years. The society has spent more than Rs. 27 crores for construction of building with two auditoriums with modern amenities. It is argued with vehemence that Bar Council of India-respondent No. 1 (hereinafter referred to as "BCI") has no power under Section 7(l)(h) of the Advocates Act, 1961 (hereinafter referred to as "the Act") to ban establishment of new institutes for imparting legal education. In the same breath, it is contended that BCI can only lay down the standard of legal education under Section 7(l)(h) of the Act.

(3.) Counsel would further argue that resolution dated 11.8.2019(Annexure P-12) imposing moratorium for a period of three years for grant of approval to New Law Centers of Legal Education/Institutions, New Law Colleges, New Law Schools, New University etc. is liable to be set aside being violative of fundamental right of the petitioner under Article 19 (l)(g) of the Constitution of India. In support of his contention, he has relied upon judgment of Hon'ble the Supreme Court TMA Pai Foundation vs. State of Karnataka 2002 (8) SCC 481.