Bombay HC Asks Government To Clarify BCI Can Debar Law Colleges
NEW DELHI: The Bombay High Court has asked the Maharashtra government to clarify whether the Bar Council of India (BCI) has powers to debar law colleges in the state allegedly for not meeting the mandatory requirements. A division bench of Chief Justice Manjula Chellur and Justice G S Kulkarni gave the direction to the government on April 6, while seeking its stand by April 13. The bench sought the government's stand while hearing a petition filed by seven aspiring LLB students, challenging a BCI's decision early this year to debar over 60 law colleges in the state.
The petition said the BCI's decision has led these law colleges to abruptly stop the admissions to first year of the law degree courses.
"Every law college has to deposit a sum of over Rs. 1.50 lakh each year to the BCI for it to visit the college and carry out inspections to see if the college is adhering to other norms of the BCI. The BCI, however, never carries out the inspection and has debarred 64 colleges on the ground that they do not have the requisite percentage of teaching staff or that the teachers do not have proper qualification," the petition alleged.
The court said, "We want the state government to tell us on affidavit if the BCI has powers to take such a decision. This is creating uncertainty and the admission process is getting delayed."
The petition has sought a direction to the BCI to withdraw its order debarring the 64 colleges and also the court to lay down guidelines on inspection to be carried out by the BCI.
The petition said the BCI's decision has led these law colleges to abruptly stop the admissions to first year of the law degree courses.
"Every law college has to deposit a sum of over Rs. 1.50 lakh each year to the BCI for it to visit the college and carry out inspections to see if the college is adhering to other norms of the BCI. The BCI, however, never carries out the inspection and has debarred 64 colleges on the ground that they do not have the requisite percentage of teaching staff or that the teachers do not have proper qualification," the petition alleged.
The court said, "We want the state government to tell us on affidavit if the BCI has powers to take such a decision. This is creating uncertainty and the admission process is getting delayed."
The petition has sought a direction to the BCI to withdraw its order debarring the 64 colleges and also the court to lay down guidelines on inspection to be carried out by the BCI.
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